Embezzlement is white-collar crime that occurs when someone misappropriates money or property they lawfully possess by virtue of their position or status. An embezzlement conviction can result in prison time and monetary penalties.
An embezzlement conviction on your criminal record can impact your ability to secure a different job or receive security clearance. An embezzlement lawyer can work with you to minimize the consequences of your embezzlement charges. We can review the details of your case to determine if a legal defense applies to your charges. Contact an embezzlement attorney with Smith & Holder, PLLC, to discuss your charges.
What Is Embezzlement in Gulfport, Mississippi?
Mississippi defines embezzlement as an individual fraudulently concealing, secreting, or converting to their own use any goods, rights of action, money, or other property they were entrusted with by virtue of their office, position, place, or employment. In other words, embezzlement occurs when someone steals something they only had access to because of their position.
Consider a restaurant employee who takes the store’s cash deposit to the bank every night to place into the business’s bank account. Instead of making the full deposit, employees remove $20 each night for themselves. The employee commits embezzlement because they lawfully possessed the deposit until they removed the $20 for themselves.
Alternatively, consider a dry cleaning employee who falsely tells a customer that their expensive jacket was stolen. In reality, the employee liked the jacket and took it home for themselves. The employee commits embezzlement by converting the jacket to their own use after telling the true owner it was stolen.
Penalties for Embezzlement
Embezzlement penalties depend on the value of the property or money that was allegedly embezzled. Embezzling property worth less than $1,000 is considered a misdemeanor and is punishable by up to six months in jail and a fine of up to $1,000. Embezzlement of property worth more than $1,000 but more than $5,000 is considered a felony and is punishable by up to five years in prison and a fine of up to $5,000. Embezzlement of property worth more than $5,000 but more than $25,000 is considered a felony and is punishable by up to 10 years in prison and a fine of up to $25,000. Embezzling property worth more than $25,000 is considered a felony and is punishable by up to 20 years in prison and a fine of up to $25,000.
An embezzlement conviction can also impact your ability to secure future employment, especially in industries like banking where honesty and integrity are essential qualities.
Potential Defenses to Embezzlement Accusations
The prosecutor bears the burden of proving every element of an embezzlement charge beyond a reasonable doubt. Your attorney can present a legal defense that disproves an element of your charge and creates doubt about your guilt. Some defenses that can help disprove one or more elements of the offense include:
- You lacked control of the property you are accused of embezzling;
- You embezzled the property while under duress;
- You had permission to appropriate the property;
- You lacked intent to appropriate the property for personal use;
- You had a good-faith belief that you were entitled to the property you appropriated; and
- The prosecution lacks evidence to prove your guilt beyond a reasonable doubt.
A legal defense does not apply to every case. A qualified embezzlement defense lawyer can review your case and determine whether a defense applies.
When Should I Hire an Embezzlement Lawyer?
You should hire an embezzlement lawyer as soon as you are suspected of embezzlement or any related offense. That does not necessarily mean waiting until the prosecutor formally charges you. In most cases, police conduct a thorough investigation before presenting their case to the prosecutor to file charges. You need an embezzlement attorney as soon as your name comes up in law enforcement’s investigation.
You should refuse to attend interviews concerning embezzlement allegations without an attorney present. Police may urge you to talk without a lawyer, but they do not have your best interest in mind. Although you may want to clear your name by telling officers your side of the story, law enforcement can twist your words and use them to make you look guilty.
An embezzlement attorney can accompany you to any law enforcement interviews to make sure officers observe your constitutional rights during every interaction.
How Do I Find an Embezzlement Lawyer Near Me?
Many clients want to know how to find the best embezzlement defense lawyer when dozens of attorneys advertise in their area. You need an attorney who is committed to fighting for you and answering any questions about your embezzlement charges.
First, you need to locate an attorney who practices criminal defense. An embezzlement charge is a type of white-collar crime that can carry a lengthy prison sentence and costly fine. A criminal lawyer will know the legal defenses that apply to embezzlement charges and the potential penalties.
Next, you need a lawyer with experience handling cases like yours in the same jurisdiction. Rules and procedures can vary widely from county to county. Familiarity with local courtrooms and prosecutors can offer an unexpected advantage for your case.
Lastly, you should hire an attorney you feel comfortable with. A criminal defense lawyer will guide you through difficult, frustrating situations. You need to trust your embezzlement lawyer entirely. Many criminal defense lawyers offer free initial consultations where you can meet your potential attorney face to face and gauge your comfort with them. You are not obligated to hire an attorney after attending a free consultation.
Contact an Embezzlement Defense Attorney at Smith & Holder, PLLC
An embezzlement conviction can inflict irreparable harm to your reputation and cost you thousands of dollars in fines. In some cases, our attorneys can present proof of a legal defense to convince the prosecutor to reduce your charges or dismiss them entirely.
An embezzlement lawyer at Smith & Holder, PLLC, can help whether you are facing charges in state or federal court. Earlier in his career, Attorney Chris Smith prosecuted felony cases in state court and knows the tactics state prosecutors use to prove embezzlement. Contact a lawyer with Smith & Holder, PLLC, to discuss the facts of your case with a member of our team.
