When you are entrusted with assets that belong to another person or entity, and you knowingly convert them for your benefit and conceal what you have done, you have committed embezzlement. Someone might collect monthly amenity fees in The Villages Spring Arbor section, but pocket them when a homeowner pays in cash. Or, they are the bookkeeper in charge of payroll at Publix and add a few relatives to the roster, splitting the proceeds with them on payday.
If the white collar crime is discovered, you can be charged with a misdemeanor or felony based on the amount of money at issue. Even pocketing five 20-dollar bills, a misdemeanor, can land you in Lake County jail for up to a year, as well as with a substantial fine. What should you do? Because you are entitled to competent representation when your freedom is at risk, call a Lake County embezzlement lawyer now.
Prosecutors have a high hurdle to clear when proving criminal cases beyond a reasonable doubt. This means the jury must believe that only the defendant could have committed the crime. Every crime has certain elements that must be proved, and failing to convince a jury will sink the case.
Embezzlement requires the defendant to have a fiduciary relationship with the interested party. A fiduciary is a person with a legal duty to safeguard assets for another, such as an employee, trustee, executor, banker, guardian, or even a valued and trusted friend. This relationship must exist and be the impetus for taking the money, or the crime is not embezzlement.
The defendant must possess the mindset for embezzlement and intend to divert funds from the person to benefit themselves. Their actions must be willful, that they are purposely taking money entrusted to them by another. They must actively take steps to conceal the theft. The prosecutor could struggle with absolute proof of any of these elements. Your Lake County embezzlement attorney could immediately inform the jury that they must only convict if there is no doubt in their mind – and our criminal defense team will then begin to introduce that doubt.
Defenses are presented to make the jury consider that you are innocent, or at least there is an alternative explanation that could be true, so they cannot find you guilty if there is a shadow of doubt. Defenses rely on the facts of the case, but some common ones include:
To determine the facts in an embezzlement case, our Lake County defense lawyers strategize with you, study evidence shared by the prosecutor, conduct our own investigation, and interview witnesses who can exonerate you. Call now if you have been accused of embezzlement.
Charges for embezzlement are the least serious as first-degree misdemeanors, in which between $100 and $300 is taken. A conviction carries up to a year in jail and up to $1,000 in fines.
Third-degree felonies are charged when the embezzled amount is between $300 and $20,000 with penalties of up to five years in prison and up to $5,000 in fines. Second-degree felonies for embezzling between $20,000 and $100,000 will land the convicted person in prison for up to 15 years and facing fines of up to $10,000. First-degree felonies involve money or property valued over $100,000, with penalties of up to 30 years in prison and fines up to $10,000.
The presiding judge can consider circumstances that help or hurt the defendant, such as if the embezzled funds are returned or whether the defendant shows remorse. You can rely on a Lake County embezzlement attorney to fight for the best outcome in your case.
Embezzlement is considered a white-collar crime, often committed by businesspeople against their employers. It does not involve violence but is a calculated theft and conversion of money or assets, which the perpetrator conceals. Penalties are based on the amount embezzled, but all of them are harsh enough to affect your future.
If you are charged with embezzlement and face trial in the Fifth Circuit Court, you need an experienced and competent ally in your corner. Our Lake County embezzlement lawyers have decades of experience delivering positive legal outcomes and hope to our clients. Call now.
The Umansky Law Firm Criminal Defense & Injury Attorneys
