Embezzlement Charges in South Carolina: Your Defense Options

Embezzlement in South Carolina is charged as breach of trust with fraudulent intent, and it can be a misdemeanor or a felony depending on the dollar amount, with up to ten years in prison for larger cases. The charge applies when someone lawfully entrusted with money or property is accused of converting it for their own use.

The state’s whole case turns on one thing: proving you acted with fraudulent intent. Where that intent is missing, or the money was handled by mistake or with permission, the charge often does not hold.

What Is Embezzlement Under South Carolina Law?

South Carolina does not use the word “embezzlement” for most cases. The governing offense is breach of trust with fraudulent intent, found at Section 16-13-230 of the state code. It occurs when a person who was entrusted with someone else’s property misappropriates or converts it for their own benefit, with the intent to deprive the owner of it.

The key difference from ordinary theft is the relationship. In an embezzlement case, you had lawful access to the money or property to begin with. That is why these cases so often arise from jobs, bookkeeping roles, business partnerships, and positions handling other people’s funds.

What Are the Penalties for Embezzlement?

Penalties follow the same value-based tiers South Carolina uses for larceny:

• $2,000 or less: a misdemeanor, triable in magistrate or municipal court
• More than $2,000 but less than $10,000: a felony, up to five years in prison
• $10,000 or more: a felony, up to ten years in prison

Courts also routinely order restitution for the full amount the state claims was taken, and embezzlement of public funds carries its own separate and serious penalties under Section 16-13-210. Because the charge level and the sentence both track the dollar amount, challenging how the state calculated the loss is often a central part of the defense.

Common Defenses to an Embezzlement Charge

The state has to prove, beyond a reasonable doubt, that you were entrusted with the property and that you converted it with fraudulent intent. That opens several lines of defense:

• No fraudulent intent. This is the heart of most cases. Accounting errors, sloppy recordkeeping, or a genuine belief you were entitled to the funds are not crimes. If intent is missing, the charge fails.
• Authorization or consent. If you had permission to use or spend the money, the “breach of trust” element falls apart.
• A civil dispute, not a crime. Many of these cases are really business or contract disagreements dressed up as criminal charges. Showing that can move the matter out of criminal court.
• Disputing the amount. Since penalties scale with value, contesting an inflated figure can reduce a felony to a misdemeanor.
• Insufficient evidence. Financial cases depend on records. Gaps, missing documents, and alternative explanations create reasonable doubt.
• Illegally obtained evidence. If investigators seized records or devices unlawfully, or took a statement improperly, your attorney can move to suppress it.

Common Situations That Lead to Embezzlement Charges

Because breach of trust requires that you were entrusted with the property to begin with, these charges usually come out of relationships built on access and responsibility. We regularly see accusations arise from:

• Employees who handled cash, payroll, or company accounts and were later accused of taking funds
• Bookkeepers and office managers blamed when an audit turned up shortfalls that may reflect errors, not theft
• Business partners where one accuses the other of misusing company money during a falling out
• People holding a power of attorney or managing a relative’s finances, later accused by other family members
• Contractors or agents who received money for one purpose and are accused of diverting it

What these have in common is that the accused had legitimate access, which means the fight is almost never about whether you touched the money. It is about intent and authority, and that is favorable ground for the defense when the facts are developed carefully.

What to Do If You’re Accused of Embezzlement

These cases often build quietly, with an employer or auditor gathering records before you are ever confronted. Protect yourself early:

• Do not explain or confess. Statements meant to smooth things over are frequently used to prove intent.
• Do not alter or delete records. That can create new charges and make you look guilty.
• Preserve your own documentation. Save anything showing authorization, your role, and how funds were handled.
• Get a lawyer involved before charges if possible. Early representation can sometimes prevent or narrow a charge.

Frequently Asked Questions

Is embezzlement a felony in South Carolina?

It depends on the amount. Breach of trust of $2,000 or less is a misdemeanor, while amounts above $2,000 are felonies, with up to ten years in prison for $10,000 or more.

What if it was an honest accounting mistake?

Then a key element is missing. Embezzlement requires fraudulent intent, so a genuine error or misunderstanding is a defense, not a crime.

Will I have to pay the money back?

Often, yes. Courts commonly order restitution for the amount the state says was taken, in addition to any other sentence.

Can an embezzlement charge be reduced?

Yes. Disputing the loss amount, challenging intent, or showing weaknesses in the evidence can lead to a reduced charge or a dismissal.

Talk to a Rock Hill Embezzlement Lawyer About Your Options

An embezzlement charge is serious, but it depends on proving intent, and that is far from automatic. At Okoye Law, our criminal defense team defends breach of trust and theft cases across Rock Hill, Fort Mill, and York County. The sooner you call, the more we can do. We offer flexible payment options. Contact Okoye Law for a confidential consultation.