If an individual stole 12 deposits from his employer over a period of a year, will these be 12 separate charges or 1 breach of trust charge?

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If an individual stole 12 deposits from his employer over a period of a year, will these be 12 separate charges or 1 breach of trust charge?

Asked on April 28, 2011 under Criminal Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The answer as to how it will be treated is "it depends"--that is, it depends on how close in time they were, whether they were done the same (or in similar) ways, etc--and also on prosecutorial discretion, since prosecutors usually have substantical freedom in how they choose to pursue a case and charge. All that said, it will most likely be treated as one criminal act for the combined or aggregate value, but could still result in several different charges--e.g. embezzlement, theft by deception, more guardian-variety theft, etc. Basically, the person would probably be charged with as many crimes as could be made to fit under the acts committed (i.e. as many offenses as have their elements or requirements satisfied by what was done), each for the maximum total value.


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