Embezzlement is a financial crime in which money or assets are entrusted to a fiduciary who intentionally converts them for personal use. It is considered a white-collar crime because it involves fraud and deceit, not violence. An act to conceal the crime accompanies embezzlement and it is most common in employment settings, or in relationships when something of value is entrusted for safekeeping to another.
Misappropriation has consequences beyond criminal charges, incarceration, and fines. Your reputation will suffer because friends, loved ones, and employers will look at you with mistrust. Securing a loan to buy a home or pay for college could be out of reach. And if there is a felony conviction, you will not be permitted to own a firearm or vote. A reputable Windermere embezzlement lawyer is committed to applying decades of experience to your legal representation for the best outcome.
Every crime has elements that must be proven beyond a reasonable doubt. This means the jury feels compelled to find a defendant guilty because the proof is unquestionable. If the prosecutor fails to show the nexus between the element and the accused, your defense attorney will argue that this high burden of proof has not been met. A weak connection can also be grounds for a credible defense.
To prove embezzlement, the prosecutor must show a fiduciary relationship between the parties. This means the accused had a legal obligation to safeguard the money or assets. This relationship arises when an employee handles the company funds, for example, a bank teller, accountant, or salesclerk. The relationship can also be between a friend who agrees to hold money for another, a trustee, an executor, or a guardian.
The prosecutor must also prove the defendant intentionally converted the funds for their own use. They could take lavish vacations, purchase a car, or write checks to themselves from the owner’s account.
The third element that must be proved is the accused acted with the intent to defraud. This means the accused willfully and knowingly diverted the funds or assets while deceiving the owner to conceal the theft.
These elements give rise to several feasible defenses, and a competent Windermere embezzlement attorney will determine those that most benefit clients.
Embezzlement can be charged as a misdemeanor or felony, depending on the value of the misappropriated assets. In Florida, embezzlement penalties are:
Although charges are defined by how much converted assets are valued at, mitigating factors can help reduce the harshest sentences, including paying back what was converted prior to charges being filed. The judge has the discretion to consider a person’s criminal record, life circumstances, and remorse shown when sentencing someone for embezzlement. If you are arrested, turn to a Windermere defense lawyer for immediate assistance.
If the prosecutor fails to prove any element required to convict for embezzlement, the case will be dismissed. Your defense attorney is skilled at sowing doubt in jury members’ minds. You may have not had the intent to misappropriate funds because the owner told you to purchase a car to drive them around in, or you are a partner in a business and assumed you were entitled to half the profits.
Our Windermere attorneys also challenge procedural actions in embezzlement arrests, such as by police who fail to get a warrant to access your home and seize your bank records, or who violate your constitutional rights by not informing you that you have a right to remain silent and contact an attorney.
Embezzlement may not be a violent crime, but its consequences, if convicted, still wreak havoc on your life and reputation, with punishment that can include jail or prison time, hefty fines, probation, counseling, and community service.
We are committed to providing you with the best possible representation, assessing the facts and evidence, building a formidable case to defend you, and ensuring all mitigating factors are heard. You have the right to a competent advocate in your corner, and a Windermere embezzlement lawyer is that ally.
The Umansky Law Firm Criminal Defense & Injury Attorneys