What to expect for a first-offense fraud charge?

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What to expect for a first-offense fraud charge?

My 19 year-old is being charged with breach of trust with fraudulent intent; value over $5,000. This is his first offense. What could his sentence be?

Asked on January 11, 2011 under Criminal Law, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A breach of trust with fraudulent intent seems to be a crime that would fit under Chapter 13 of the South Carolina laws, which covers forgery, larceny, embezzlement and the like.  If your son was entrusted with monies or property worth over $5,000.00, this is not a petty crime.  A person who is found guilty of this crime is guilty of larceny, which is the general taking of property from another with the intent to permanently deprive that person of said property.  If the amount is $5,000.00 or more, it is a felony that comes with the fine at the discretion of the court, or not more than 10 years of imprisonment, or more penalties. If this is your son's first offense and he has paid the monies back or returned said property, he better get a good criminal defense attorney to help make this go away (think alternative conviction or reduced sentence) so that he can have this wiped from his record or at least be eligible to have the charge and arrest be expunged from his record.


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