Breach of Trust Lawyer in South Carolina | Strom Law Firm
Protecting Your Rights in Breach of Trust Cases
When you’re facing allegations or charges related to breach of trust in South Carolina, understanding your legal options is crucial. At Strom Law Firm, based in Columbia, SC, we practice in both personal injury and criminal defense, providing robust representation for those entangled in breach of trust issues investigated by State and Federal Law Enforcement.
Being arrested and charged with breach of trust puts your personal and professional life at stake. Breach of trust charges often arise from criminal conduct in white-collar crimes, estate management, or workplace disputes.
Being convicted of breach of trust can have a lasting impact, extending beyond jail time and any potential fine, and can effectively end your career. Criminal prosecution for breach of trust can result in permanent loss of professional licenses and other professional discipline.
Centrally located in Columbia, South Carolina, the experienced criminal defense lawyers at the Strom Law Firm, LLC, understand what is at stake. We provide aggressive representation, are familiar with the tactics used by the prosecution to prove their case, and will fight to protect your rights and your future. Legal action for fiduciary breaches can in
clude both criminal prosecution and civil liability, and fiduciaries have specific fiduciary duties they must uphold.
I have been accused of stealing. Why am I being charged with Breach of Trust?
A breach of trust case can arise under several circumstances, often in an employment relationship, and involve the theft of money or equipment, such as a car or laptop. Common fiduciary relationships include those between trustees and beneficiaries, financial advisors and clients, guardians and wards, and corporate directors and shareholders, each carrying specific duties outlined in law.
In these scenarios, it is crucial to determine precisely what was taken. It is common for an employer to accuse an employee of taking more than what the employee actually took, in an attempt to prosecute them. Breaches of fiduciary duties can lead to both civil disputes in civil court and criminal charges, depending on the nature of the conduct.
To convict you for breach of trust, the state must establish:
- There was a trust relationship (such as a fiduciary relationship) between the parties,
- You lawfully obtained possession of the property or funds,
- You fraudulently converted the property or funds for your own use, breaching the trust with fraudulent intent,
- The prosecution must prove intent to defraud, demonstrating that you acted with fraudulent intent.
The possible penalties for a breach of trust in South Carolina depend upon the amount that you are accused of stealing and include:
If the amount is $2,000.00 or less: Upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than thirty days;
More than $2,000.00 less than $10,000.00: Upon conviction, you are guilty of a felony and must be fined at the discretion of the court or imprisoned for not more than five years;
If the amount is $10,000.00 or more: Upon conviction, you are guilty of a felony and must be fined in the discretion of the court or imprisoned not more than ten years.
Criminal charges for breach of trust can include grand larceny, embezzlement, or fraud, and may result in criminal penalties such as imprisonment, substantial monetary fines, asset forfeiture, and a permanent criminal record. Under New York law, criminal convictions for breach of trust may lead to imprisonment ranging from months to years, depending on the severity and amount involved, as well as fines and restitution to victims. Penalties can be as severe as 10–14 years in prison depending on the circumstances and intent behind the criminal breach.
Why Choose Strom Law Firm?
- Experienced Representation: Our legal team has extensive experience in navigating the complexities of South Carolina law regarding breach of trust, and is skilled in handling complex breach of trust cases.
- Dedicated Defense: Whether you’re accused of a misdemeanor or felony breach, we tailor our defense to protect your rights and reputation.
- Client-Centered Approach: We understand the stress and implications of these charges, and we offer personalized legal strategies.
Frequently Asked Questions:
Q: Can a breach of trust be a civil matter?
A: Yes, besides criminal charges, you might face civil litigation brought by victims or beneficiaries seeking civil remedies such as asset recovery, injunctive relief, and punitive damages. Civil breaches of trust can result in the trustee being removed from their position and held personally liable to repay any financial losses suffered by beneficiaries. Professional sanctions may also be imposed by licensing boards or regulatory agencies.
Q: How can a lawyer help if I’m accused of breach of trust?
A: A lawyer can help by examining the evidence, questioning the intent, negotiating plea deals, or defending you in court to reduce charges or prove innocence potentially. They can also assist in pursuing or defending against civil litigation, seek injunctive relief, and negotiate asset recovery or punitive damages.
Q: Is it possible to settle a breach of trust case outside of court
A: Often, yes. Many cases are resolved through negotiation or mediation, especially in civil contexts, to avoid the publicity and expense of a trial. Demonstrating good faith, remorse, and making full restitution can positively influence settlement outcomes.
Q: What should I do if I suspect I’m under investigation for breach of trust?
A: Contact a lawyer immediately. Early intervention by legal counsel can significantly affect the outcome of your case, help mitigate professional sanctions, and protect your interests in both civil and criminal proceedings.
For anyone seeking guidance or facing legal challenges related to a breach of trust in South Carolina, Strom Law Firm stands ready to offer knowledgeable and effective legal representation.
In addition to any fine or prison term that you are required to serve, a criminal conviction for breach of trust or embezzlement can place your existing, as well as any future, employment at risk, necessitating the skills of a criminal defense attorney who will ensure that your rights are protected. Professional disciplinary actions may also be taken against fiduciaries who breach their duties, potentially resulting in license suspension or even permanent revocation, in addition to criminal and civil penalties. In breach of trust cases, financial records are often key evidence used to establish violations and intent. Contact the Strom Law Firm today for a free consultation to discuss the facts of your case. We offer flexible payment options and accept Visa and Mastercard.
