Embezzlement

Embezzlement is an unclassified felony carrying a minimum of 1 year up to 20 years imprisonment. The offense is essentially a theft offense. The elements of this offense is to take anything of value from the rightful owner with the intent to permanently deprive while in a position of trust such as an employee or trustee.

These cases can be difficult to prove and often involve complicated investigations of documents, banking and other record. They often require the testimony of the custodian of records of the business or company involved and many times will involve statements or confessions by the defendant. In some cases there are additional offenses that can accompany this charge such as whether a credit card was used to commit the theft or a forged check was issued.

These crimes are treated essentially as theft offenses, however, Judges consider these to be more severe than theft generally because the person convicted was in a position of trust at the time of the offense. Because of this many Judges will sentence active periods of incarceration even on a first offense that would normally be eligible for probation. There is usually restitution ordered to compensate the victim for their losses.

An attorney can evaluate your specific circumstances and advise you on the best course of action. If there are no viable defenses your attorney can assist you in negotiating a plea agreement or mitigating any penalties as well as assist with advising you about restitution issues.