Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.
Embezzlement is a form of theft or fraud by someone in a privileged position within a company or agency. Depending on the amount of money someone allegedly embezzled, they could face charges for a misdemeanor or felony, and a conviction may lead to incarceration.
Attempting to fight an embezzlement charge on your own can be difficult. The criminal justice system is never easy to navigate, and embezzlement laws can be especially challenging to understand. An experienced theft attorney could explain your rights under the circumstances and advocate for reduced or dismissed charges on your behalf. If you are being investigated or are facing criminal charges, seek legal assistance from a Conroe embezzlement lawyer.
Embezzlement is defined as a form of theft under Chapter 31 of the Texas Penal Code. This criminal offense involves the theft of money or property by an individual who was entrusted to care for such items on the owner’s behalf. Embezzlement most often involves the entrusted individual diverting this property elsewhere. For example, a city treasurer entrusted with handling public funds for the construction of a new centrally located park commits embezzlement when intentionally depositing some of the money into a personal bank account.
Misusing funds is also a form of embezzlement. For example, an employee in charge of their employer’s petty cash fund for purchasing office supplies who uses some of the money to buy themselves lunch without authorization is embezzling. A Conroe attorney could answer questions about the different types of scenarios and activities that may be considered embezzlement under the Texas penal code.
A person convicted of embezzlement could be fined and sentenced to a period of incarceration. A convicted individual could also be ordered to pay restitution based on the amount of money or the value of the property they allegedly embezzled.
Embezzlement offenses involving the theft or misuse of money or property worth less than $2,500 are classified as misdemeanors. Embezzlement of money or property worth between $2,500 and $30,000 is a state jail felony, and embezzlement of money or property worth more than $30,000 is a felony of the first, second, or third degree, based on the total value of embezzled property.
Class A misdemeanors are the most serious misdemeanor charges, punishable by a sentence of one year or less in jail and a possible $4,000 fine upon conviction. State felonies are punishable by a jail sentence of 180 days to two years and a fine of up to $10,000. First-degree felonies are more serious than charges in the second or third degree and are punishable by a sentence of five years to life in prison and a $10,000 fine. A lawyer in Conroe could review the potential legal penalties associated with the specific embezzlement charge a person is facing.
Anyone facing charges for embezzlement has the right to dispute these allegations in court. One possible legal defense could involve demonstrating that an accused person had authorization to move or spend the funds within their professional care and had no intent to commit embezzlement. Another possible legal defense to an embezzlement charge pertains to the statute of limitations: two years for misdemeanors and five years for certain types of felonies. In most cases, a person cannot be charged or prosecuted for an offense if the statute of limitations has passed. A Conroe lawyer could recommend an appropriate legal defense based on the specific embezzlement charge a person is facing.
It can be overwhelming to face investigation or prosecution for any criminal charge, and state laws surrounding embezzlement charges are particularly complex. However, you do not have to face this situation alone. Raphael Ortega is a seasoned defense attorney who could help you navigate the criminal justice system.
A Conroe embezzlement lawyer could advocate on your behalf in court, safeguarding your constitutional rights and fighting for an optimal outcome in your case. Reach out to Raphael Ortega today to schedule a consultation.
Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.