If you are facing embezzlement charges in South Carolina, it is important for you to take them seriously. Do not fool yourself into thinking that the evidence will eventually prove your innocence. You need to be proactive in your embezzlement defense to reduce the chances of conviction.
To prove your guilt, the prosecution must show that you intentionally misappropriated funds or stole property. This is not easy as it may seem. A good attorney may defend you with the following defense options.
1. No contest
A no contest plea is an option that allows you to assume the consequences of a guilty plea without having actually to admit it. This is not an ideal tactic for all cases. In some embezzlement cases, it may be more beneficial for the defendant to plead no contest to avoid additional or more severe charges.
2. The funds were yours
Embezzlement cases are often quite complicated. It is not always easy to prove intent. If you can prove that you had reason to believe you were the rightful owner of the funds in question, you may be able to have the charges dropped.
3. You repaid the money
If you have the funds to repay the funds you are accused of taking, you may be able to use that to your advantage for a lighter sentence. Keep in mind that repaying the funds before your trial does not guarantee a reduction in penalties.
To use duress as a defense, you must prove that your actions caused you to suffer an extreme loss. For example, your job required you to steal funds in order to stay employed.
Even if you are innocent of the charges pending against you, it is best not to take chances. The ramifications of the arrest are damaging enough to your life. Imagine how much of an impact a conviction can have. Many people who find themselves dealing with similar circumstances find it easier to speak to an attorney for guidance on their defense options.