Entrusted
Criminal Defense
Embezzlement
Embezzlement charges involve allegations of misusing money or property that was entrusted to you. These cases are often document-heavy, fact-intensive, and prosecuted long after the alleged conduct occurred. While frequently non-violent, embezzlement offenses can carry serious felony penalties and lasting professional consequences.
Important
This is general information, not legal advice. If an arrest happened recently or you believe you are under investigation, do not explain anything to law enforcement before speaking with counsel.
Overview
Embezzlement cases often turn on intent, accounting records, and how financial authority was defined.
Embezzlement occurs when someone lawfully possesses money or property and is accused of converting it for unauthorized use. Unlike theft, embezzlement cases usually arise in employment, business, or fiduciary relationships. Many cases involve disputes over authority, consent, record-keeping, or intent rather than outright taking.
The state alleges that an individual was entrusted with money or property and intentionally used it in a way that exceeded or violated that authority. The alleged value of the property determines whether the charge is a misdemeanor or felony.
Common fact patterns: employee accused of misusing company funds; business partner or officer accused of improper withdrawals; disputes over expense reimbursement or compensation; accounting discrepancies discovered during audits; allegations arising after termination or business disputes.
Embezzlement cases often begin with an investigation rather than an immediate arrest. Charges may be filed months or years after the alleged conduct. Once charged, the case proceeds in criminal court, often alongside civil litigation or restitution demands.
Key points
Employment
Charges often arise from employment or business relationships
Amount
Penalties depend on the amount allegedly taken
Intent
Intent is a central issue in most cases
Penalties & Exposure
What the state is seeking
In an embezzlement case, the state typically seeks a conviction that may include probation or incarceration, restitution, fines, and a permanent criminal record. Penalties increase as the alleged dollar amount rises.
Lower-level embezzlement may be charged as a misdemeanor. Higher dollar amounts result in felony charges. Large-scale cases can involve substantial prison exposure.
Courts frequently order restitution requiring repayment of the alleged loss. Restitution obligations may continue long after probation or incarceration ends.
Embezzlement convictions can affect: employment and professional licensing; business ownership and fiduciary roles; credit and financial reputation; immigration status in some cases.
How These Cases Are Defended
Common defense themes
Lack of criminal intent; authority or consent to use funds; accounting or record-keeping errors; disputes over valuation of property; statute of limitations issues.
These cases frequently turn on whether the state can prove intent beyond a reasonable doubt and whether the alleged conduct exceeded lawful authority. Ambiguity in financial arrangements can significantly affect outcomes. Embezzlement cases are often won or lost on documents and financial context rather than witness testimony.
Common Questions
Frequently asked
Quick answers to the questions we hear most often. Every case is different — call for a private consultation.
When should I contact a lawyer after an arrest?
As soon as possible — ideally before speaking with law enforcement about the facts of the case. The right to remain silent is one of the most important protections available. Statements made before consulting counsel can be used against you and are very difficult to walk back later.
Do I have to answer questions from law enforcement?
Generally, no. You have the right to remain silent. While you must provide identifying information in certain situations, you are not required to discuss the details of your case. Politely invoking your right to remain silent and requesting an attorney is not an admission of guilt — it is a constitutional right.
What happens at an arraignment?
An arraignment is typically your first formal court appearance after charges are filed. The judge informs you of the charges and you enter a plea. Bond conditions and conditions of release are often set at this stage. Having counsel present at arraignment can influence bail decisions and early case direction.
Can charges be dismissed or reduced?
Yes, in many cases. Charges may be dismissed or reduced depending on evidence issues, constitutional violations, plea negotiations, or other legal factors. No outcome can be guaranteed, but early defense preparation significantly expands the range of available options before key procedural deadlines pass.
Talk to counsel before the state defines your case for you.
Early decisions often control everything that follows.
If you are under investigation or facing charges, a short, private consult can clarify exposure, options, and next steps. Free consultation. 24-hour answering service. Payment plans available in many cases.