Embezzlement and Employment Theft
Embezzlement can be classified as a type of financial fraud or white collar crime. It can involve a minor amount of money or huge sums acquired through sophisticated criminal schemes. The most common form of embezzlement charges people face are employment theft.
Employee theft is not always considered embezzlement. Theft is defined as taking something that does not belong to you. Embezzlement is taking assets that have been entrusted to you, but that you do not own. Taking funds entrusted to you with the intention of returning it later does not exempt you from charges of embezzlement.
In a criminal case involving employee embezzlement, the state must show beyond reasonable doubt that the employee had possession of the assets by “virtue of his/her employment”. If their position did not provide them with control of the missing assets, they would not be able to be charged with this type of crime. There are many situations where it can be a difficult task to determine if the offense can be classified as embezzlement or larceny.
Defending Charges of Employee Theft in Duval County
If you have been charged with employee theft, you need a criminal defense attorney well versed in the defense of embezzlement and employee theft cases. Sean D. and Sam H. have the experience to address the legal complications of this type of case so that potential negative consequences are minimized. It is important to establish the facts of the case and the amount of missing assets, as it is often your word against your employer. It is possible in some cases to avoid trial by making restitution to your employer.
Penalties for Embezzlement
The penalty for embezzlement depends on the value of the property in question. The penalties under law can be very harsh. Classifications for the offense can be a misdemeanor up to a first degree felony carrying jail times from less than a year to 99 years. If you or your loved ones are facing allegations of embezzlement or employee theft in Duval County it is critical that you speak with a criminal defense lawyer about your defense alternatives, call The Dick Law Firm or fill out the contact form on this page. We are Florida board certified criminal defense attorneys. Your initial consultation will be free and completely confidential. During this consultation you will be informed about the law, your rights and your legal options, with a reliable idea of how much an effective embezzlement defense may cost.