How to Get Out of Embezzlement Charges
You went to work, did your job, and now you are facing a charge that could follow you for the rest of your life. Maybe the numbers were miscategorized, someone else made a mistake that landed on you, or a decision that seemed reasonable at the time looks very different on paper.
Whatever brought you here, one thing is true: embezzlement charges do not automatically mean a conviction. At Smith & Holder, PLLC, we know how to build a defense that challenges the State at every turn.
What Are Embezzlement Charges in Mississippi?
Embezzlement occurs when someone intentionally conceals, takes, or misuses money or property entrusted to them in their job or position. This definition is different from ordinary theft, where someone takes something that was never theirs to begin with.
In an embezzlement case, the State must prove that the taking was intentional and meant to deprive the owner of the property. The law does not require that you intended to keep the property permanently; using it without permission can still lead to charges. That intent requirement is where we challenge many of these cases and begin building a strong defense.
Facing embezzlement charges doesn't just threaten your future—it attacks your reputation, career, and peace of mind. You don't have to confront it alone. A skilled white-collar defense attorney can help you understand the case, build a strong strategy, and protect what matters most.
What Is the Punishment for Embezzlement in Mississippi?
Mississippi law ties the penalty for embezzlement directly to the amount of money or property involved. The tiers break down like this:
- Under $1,000—misdemeanor, probation (first-time offender) or up to six months in county jail and a fine up to $1,000;
- $1,000 to $4,999—felony, up to five years in prison and a fine up to $5,000;
- $5,000 to $24,999—felony, up to ten years in prison and a fine up to $25,000; and
- $25,000 or more—felony, up to twenty years in prison, and a fine of up to $25,000.
Beyond prison time and fines, a felony conviction can cost you your professional licenses, your right to vote, and your ability to pass a background check for employment or housing. The financial and personal consequences of a conviction stretch far beyond the courtroom.
What Is the Average Jail Time for Embezzlement in Mississippi?
There is no single average jail time for embezzlement because no two cases are identical. Judges consider the amount involved, your prior record, whether you held a position of trust, and whether you made any restitution before sentencing. First-time offenders charged with lesser amounts often avoid prison time entirely, especially when the case resolves before trial. At the felony level, particularly when the amount exceeds $25,000, prison time becomes significantly more likely without a strong defense in place early in the process.
Under Investigation or Charged With Embezzlement? Get a Free Defense Consultation Today
How Do You Get Out of Embezzlement Charges?
Several defense strategies may apply in embezzlement cases, and the right one depends on the specific facts of your case.
You Lacked Intent
The state must prove that you meant to take or misuse the money. Accounting errors, miscommunication, sloppy bookkeeping, or unclear authorization can all explain a discrepancy without establishing criminal intent. If the evidence does not clearly show that you acted intentionally, the state has not met its burden of proof.
You Had Permission
If someone with authority permitted you to use the funds or property in the way the state is questioning, that may help you get out of embezzlement charges. Proving that permission existed, even informally, can weaken the prosecution’s case.
Officers Obtained the Evidence Improperly
Law enforcement must follow the rules when gathering evidence. If they searched your records, devices, or property without proper legal authority, we will seek to have that evidence excluded. A case built on improperly obtained evidence often cannot survive that challenge.
Someone Else’s Actions Were the Basis for Charges
In workplace settings, multiple people often have access to the same accounts, systems, or funds. Misidentification occurs, and the State may attribute another person’s conduct to the wrong individual. We investigate the full picture and ensure the state is pointing to the right person before anything else moves forward.
Negotiating a Reduction or Dismissal
When the facts support it, we work to reduce the charge or negotiate a dismissal before the case ever reaches trial. Our firm has handled cases in which early legal challenges, such as identifying issues with an indictment, have resulted in favorable outcomes.
Does Paying the Money Back Help Your Case?
It can, but the timing and how it happens matter enormously. Voluntarily returning funds or making restitution before the State files charges or before trial may influence how a prosecutor or court views the situation.
Courts also have the authority to order restitution as part of sentencing, regardless of whether you offer it voluntarily. Paying money back does not erase the charge, and it should not be attempted without legal guidance. How you handle restitution can affect your defense strategy in ways that are not always obvious at the start.
Why Smith & Holder, PLLC Fights Hard Against Embezzlement Charges
A white-collar criminal charge carries consequences that reach far beyond the courtroom, and Smith & Holder, PLLC, is prepared to respond. As a trial and appellate firm, we handle serious cases from investigation through resolution, whether that means negotiating before charges solidify or standing in front of a jury.
Our criminal defense record reflects what skilled, client-first representation looks like in practice. Our attorneys focus on preparation, strategy, and clear communication to help clients understand their options. We serve clients in Biloxi and across the Mississippi Gulf Coast, and we offer free consultations so you can get honest answers about where you stand before you decide anything.
The Sooner You Call Us, the More We Can Do
If you are being investigated or have already been charged with embezzlement, timing matters. The earlier you involve a defense attorney, the more options you may have to challenge the case before it moves forward. Contact Smith & Holder, PLLC, today for a free consultation. We will review the facts and give you a clear assessment of your next steps.
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