Embezzlement Overview

Embezzlement Overview

Embezzlement falls under the umbrella of “white collar crimes,” which are non-violent and financially-motivated offenses. Even white collar crimes can cause serious harm to individuals, companies, and other organizations, so the authorities take these offenses more seriously than you might imagine. 

If you are accused of embezzlement, it is critical that you immediately have the help of an experienced Montgomery criminal defense lawyer who can defend against your charges. 

What is Embezzlement?

Embezzlement is a theft crime under Alabama law, though it is different from simply taking something that is not yours. The basic elements of embezzlement are:

• The owner of the money or property trusted you to hold or access the property
• You violated the position of trust and took the money or property for your own gain

When you combine theft with the violation of a position of trust, you can face embezzlement charges. 

There are many different situations in which embezzlement can occur, including in and out of the workplace. Embezzlement can include taking a small lesser-valued item or millions of dollars. Some examples of embezzlement include:

• You are a cashier at a store and take $20 from the cash register
• You are the power of attorney for your parent and withdraw money from their investment accounts
• You are an accountant for a corporation and make false entries to take $100,000 for yourself over the course of two years
• You are the caretaker of an elderly relative and have access to their ATM card, so you take out $300 for yourself
• A bank teller takes a ten-dollar bill from their drawer once in a while
• An investment broker takes money from clients and, instead of investing it, deposits it into their own personal account

Each embezzlement case is unique, and the degree of charges issued and possible penalties will depend on the circumstances at hand. 

Embezzlement Charges

Embezzlement is charged under Alabama’s theft laws, and the charges will vary depending on the value of the money or property taken, as follows:

• More than $2,500 = Class B felony, up to 20 years in prison
• $1,500 to $2,499 = Class C felony, up to ten years in prison
• $500 to $1,499 = Class D felony, up to five years in prison
• Up to $500 = Class A misdemeanor, up to one year in jail

The penalties can be enhanced in Alabama if the embezzlement was committed by a public servant, was against a business, or was part of a larger scheme (a conspiracy).

Defending Against Embezzlement Charges

Because these charges are so serious, you need to present an aggressive defense. Many embezzlement cases stem from lengthy investigations, which allow authorities to gather substantial evidence before charges are even issued. Because the prosecution will believe they have a strong case, you need as strong of a defense as possible.

Learn How a Montgomery Embezzlement Criminal Defense Lawyer Can Help

At Luck Law, LLC, our Montgomery embezzlement defense attorneys take on cases involving complex financial crimes and allegations. Getting help as soon as possible is important to your defense, so please contact us online or call 334-262-5455 so we can evaluate your case today.