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Breach Of Trust With Fraudulent Intent Sc

What Elements Make Up a Breach of Trust With Fraudulent Intent SC?

When someone entrusts you with their money or property, you are expected to manage it according to that person’s interests. When you take money or property without permission from its owner without their knowledge and take it without authorization without first consulting them – that constitutes breach of trust with fraudulent intent sc. If found guilty by the court, any amount stolen must be returned as payment back to its rightful owner by you or otherwise paid back through compensation orders or court judgment.

Charges against people accused of breach of trust can often be used as leverage in business disputes that should otherwise be addressed civilly, such as when an employer believes their employee improperly used funds or when someone dissatisfied with a contractor’s work. While whether criminal prosecution should be used is up for debate, it’s essential that we understand which elements the State must prove to secure conviction for breach of trust.

Breach of Trust (or Betrayal of Trust) is a form of theft similar to larceny; the key difference being that the original owner of the item legally gave possession to someone with an agreement that they’d return it or regain ownership at some point in the future. A prosecutor seeking conviction must show that defendant took and concealed this entrusted property with intent of depriving owner from it.

Note that if the State is intending on convicting you of a felony and seeking jail time and fines, each element of evidence must be proven beyond reasonable doubt. For misdemeanors however, all they must show is evidence of theft/concealment totaling less than $2000 worth.

Penalties associated with felony conviction can include prison time, fines, and compensation to any victims involved. A lawyer will be able to advise whether the case warrants pursuit and assess how strong your defenses may be.

An allegation of breach of trust with fraudulent intent is difficult to defend against, but a skilled lawyer should be able to demonstrate that either the State’s evidence is inadequate or that certain elements of this crime do not meet.

If you or a loved one is charged with breach of trust in South Carolina, be sure to immediately consult with a criminal defense attorney. They can help assess if there is sufficient probable cause to arrest and, if that’s not possible, can perhaps get your case dismissed or move towards pre-trial intervention. In any event, they could file a wrongful arrest lawsuit against those or companies responsible for your arrest and try and negotiate an advantageous settlement before filing civil actions themselves against any alleged victims who may file suit against you as well.

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