Myrtle Beach Breach of Trust Lawyer

Breach of Trust with fraudulent intent is either a misdemeanor or a felony depending on the dollar amounts involved. Felony Breach of Trust with Fraudulent Intent or Embezzlement is prosecuted in the Court of General Sessions by the Solicitor's Office. It involves amounts of more than $1,000 and is punishable by up to ten years imprisonment. Misdemeanor Breach of Trust with Fraudulent Intent or Embezzlement is prosecuted in the Magistrate Court usually by the arresting officer. This offense is differentiated from Grand Larceny or Petit Larceny in that the Defendant must be shown to have been entrusted by the owner with the items they stole or converted for their own use.

1. A person committing a breach of trust with a fraudulent intention or a person who hires or counsels another person to commit a breach of trust with a fraudulent intention is guilty of larceny.
2. A person who violates the provisions of this section is guilty of a:
1. 
   misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections
   1. § 22-3-540 (Exclusive and concurrent jurisdiction)
   2. § 22-3-545 (Transfer of certain criminal cases from general sessions court)
   3. § 22-3-550 (Jurisdiction over minor offenses; restitution; contempt; maximum consecutive sentences)
   4. § 14-25-65 (Maximum penalties that court may impose; restitution; contempt)
   if the amount is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days;
   
2. 

   felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount is more than two thousand dollars but less than ten thousand dollars;
   
   
   
   
   
   
3. 

   felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount is ten thousand dollars or more.
   
   
   
   
   
   
   

View South Carolina Code of Laws 16-13-230 for Breach of trust with fraudulent intent.

Myrtle Beach Breach of Trust Attorney