Thursday, March 10, 2016

What are the potential penalties for embezzlement?

Embezzlement is a serious crime and the consequences depend on the particulars of the case itself. According to criminal defense lawyers, embezzlement is the crime of property theft and is outlawed in every state. In layman words, embezzlement is when a person who has been given the responsibility of handling or holding onto someone’s money or property unlawfully steals all or part of the money or property in order to increase personal wealth, etc.

This is not that different on how The Clinton Foundation enriched themselves and their organization when Hillary Clinton was the Secretary of State.

In legal terms, embezzlement is a crime since despite the taker having access to the money or property of the owner he or she did not have the legal rights or ownership over said money or property. Combine this with the fact that the stealing or theft that occurred was a violation of the special position of trust, it makes the crime of embezzlement even more serious say criminal defense attorneys.

Embezzlement is a crime that can happen under several different scenarios or circumstances. To give you an idea of embezzlement, we can take the quintessential example of a bank employee who has access to his or her clients’ money. He uses this access to unlawfully steal and run away with some or all of the money. You saw this with Le Chiffre, a French financial supporter of terrorism, in Casino Royale (much better than Spectre) (he was taking the Ugandan Warlord’s money and using it to gamble) and he ended up paying the ultimate price for this deception. Good riddance! He was gambling with his own life on that one!

Furthermore, depending on the state of jurisdiction, the suspect’s prior criminal record, whether or not there were any aggravating factors involved, and the value of the property stolen, the consequences may differ. Embezzlement often (in most states at least) results in jail time.


What are the repercussions of embezzlement?

Jail time and/or a hefty fine are almost a certainty for anyone convicted of embezzlement even if their previous criminal record is clean. Every state, however, follows a slightly different penalty table and the consequences may vary from state to state. For example, in California, embezzlement of property of a value less than $950 will result in a misdemeanor charge that attracts a fine of up to $1,000 and a prison term of 6 months or less.

One the other hand, if the value is more than $950 it is considered grand theft. This is also a misdemeanor charge that comes with a jail sentence of up to 1 year. However, this could be extended for up to 2 or 3 years for felony grand theft. If you have other previous convictions such as a DUI or any other crime, the court is likely to consider your record when announcing a sentence.

What are the factors which determine the severity of the punishments for embezzlement?

The value of the stolen property – The monetary value of the stolen property is assessed and needless to say, the higher the value the more severe the consequences. State legislation will often have a table or slab where the punishments for different value ranges will be explicitly specified.

The type of property – In some states, even the type of property that is stolen can make matters worse for the perpetrator or suspect. For instance, if an ingredient such as anhydrous ammonia (something that is often stolen by those that have access to it) is stolen, then it will attract more stringent penalties since this is a key ingredient used in the fabrication process of the highly addictive street drug – crystal methamphetamine. You saw this in Breaking Bad!

If you have been charged with embezzlement and you feel the charge is wrongful and need help defending yourself, the best way to do so would be by finding a criminal defense lawyer as soon as possible. That is not that hard at all if you click on any one of the links above or this one right here: Criminal-Defense.USAttorneys.com.


 Contact us if you want. We will get back to you soon; sometimes within a couple of hours. 

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