Ask an Embezzlement Defense Attorney: Is Embezzlement a Felony?

If you are facing embezzlement charges, it is important first to understand the consequences of conviction and then to be aware of the various defense strategies that could help you overcome the charges. How serious is embezzlement and is it considered a felony? What kinds of acts constitute embezzlement? Since many of the issues related to white-collar crimes are complex, you should contact an embezzlement defense attorney as soon as you suspect that there is evidence against you.

Ask an Embezzlement Defense Attorney: Is Embezzlement a Felony?

In Texas, embezzlement can be prosecuted as either a misdemeanor or a felony, depending on the value of the property that was stolen. If you are convicted of embezzling property that was worth less than $2,500 at the time of the crime, you will be charged with a misdemeanor. If the property was worth more than $2,500, you will be charged with a felony. Within the misdemeanor and felony categories, you can be charged according to different levels of severity. The lowest level is a Class C misdemeanor, applicable to cases involving theft of property worth less than $100. When the value of the stolen property reaches or exceeds $300,000, the crime falls into the first-degree felony category and carries the potential for incurring the most severe penalties.

What Qualifies as Embezzlement?

Like most white-collar crimes, embezzlement is a non-violent criminal act done with the purpose of obtaining financial gain. Embezzlement occurs when an individual appropriates money or other resources from an organization or an individual, such as an employer with whom he or she had a relationship at the time of the theft. Embezzlement can occur at lower levels of an organization. For example, an employee might take money out of a cash register. It can also happen at higher levels and/or involve multiple transactions and long periods of time. Often, embezzlement cases involve accountants who skim money off the tops of their client’s high-asset accounts or investors who misdirect funds to increase their profits.

Where Can Embezzlement Occur?

The target of an embezzlement crime can be a company, a government organization, a privately owned account, or even a non-profit. When an individual is convicted of embezzling funds from a charity or a government entity, he or she faces sentencing according to a level of conviction that is one degree higher than it would have been otherwise. For example, a second-degree felony would become a third-degree felony if the convicted individual took funds from a non-profit.

What Are the Penalties Associated With Embezzlement Felonies?

Any felony is a serious criminal offense. Unlike other forms of theft, embezzlement does not involve breaking and entering or stealing property under the threat of violence. However, a conviction for embezzlement at a felony level can still incur both heavy fines and jail time. A breakdown of the penalties associated with embezzlement felonies is as follows:

• Felony (theft of property valued at $2,500-$30,000): fine of $10,000 and six months to two years in a state prison

• Third-degree felony (theft of property valued at $30,000-$150,000): fine of $10,000 and two to 10 years in a state prison

• Second-degree felony (theft of property valued at $150,000-$300,000): fine of $10,000 and two to 20 years in a state prison

• Third-degree felony (theft of property valued at or above $300,000): a fine of $10,000 and two to 99 years in a state prison

How to Respond to Embezzlement Charges

Many individuals are able to avoid the penalties associated with an embezzlement conviction by working with an experienced attorney who specializes in white-collar crimes. Building a defense strategy will start by reviewing the evidence against you, the context of your charges, and the various statutes that may pertain to your case. Embezzlement crimes often involved detailed accounting records that go back over several years, so the investigation could be quite involved.

If the FBI decides to look into your case, your lawyer will provide the coaching you need to satisfy the investigation. In some cases, you may be able to avoid a trial by reaching a settlement with your employer or the organization that is holding you accountable. In other cases, an embezzlement defense attorney in Houston, TX may be able to disprove the allegations or present evidence that the stolen property was worth less than the prosecution claims.

When you go up against embezzlement charges, the professionalism of your attorney will be one of the biggest factors in determining the outcome of your case. The records and laws that are relevant to white-collar crime charges are usually subject to different interpretations, leaving room for your lawyer to find methods of analysis that can work in your favor. While the penalties associated with embezzlement are strict, conviction is by no means a foregone conclusion