An embezzlement charge can upend your life and leave you wondering what happens next. In short, the penalties you face will depend on the value of the assets taken. But before you receive a sentence, you'll need to proceed through the legal process. The best way to do this is with an experienced team of financial crime attorneys at your side. They can provide much-needed guidance and assertively fight for your rights.
Ask Financial Crime Attorneys: What to Expect from an Embezzlement Case
Embezzlement and white-collar crime are often synonymous in a person's mind, and for good reason. The term white-collar was allegedly coined in 1939 and refers to non-violent, financially motivated crimes. Examples include:
- Money laundering
- Bribery
- Insurance fraud
- Insider trading
- Tax evasion
- Embezzlement
Texas State Laws
Texas does not provide specific statutes for embezzlement. Instead, this crime is handled in the same manner as theft. Prosecutors can likewise charge embezzlement as a misdemeanor or felony - the difference depends on the amount of money stolen or the value of the property taken.
If the stolen property is valued under $100, the crime will be charged as a class C misdemeanor. The charge becomes a first-degree felony if the stolen property equals more than $300,000.
The Prosecution's Obligations
Under Texas Penal Code, Title 7, Chapter 31, prosecutors must prove beyond a reasonable doubt the defendant appropriated (took for their own use) the property in question. Again, that property can be in the form of money or goods.
The prosecution must additionally show the defendant intended to keep the property away from its rightful owner without that owner's consent or knowledge. With this in mind, four general factors need to be established:
- A fiduciary relationship existed between the two parties
- The defendant used that relationship to acquire the property
- The defendant acted deliberately, not in error
- The defendant took at least temporary ownership of the property
The Court Proceedings
Most crimes follow a certain protocol, and embezzlement is no different. Defendants commonly face an arraignment first. This follows closely on the heels of the defendant's arrest and booking and is a formal reading of the criminal charging document. The accused party is expected to respond by entering a plea of guilty or not guilty.
A preliminary exam often follows. During this hearing, the prosecution must show the court they have enough evidence to prove the defendant is most likely responsible for the crime committed. This also marks the time when plea bargaining begins. Your embezzlement defense lawyers in Houston will meet with the prosecution to discuss weaknesses and strengths in the evidence and indirect factors related to the case, such as your:
- Personal history
- Character
- Reason for committing the crime (if you're guilty)
Plea Bargaining and Sentencing
Plea bargaining ends most criminal cases (between 90 and 95%) in the pretrial process. This saves you from having to go to trial and can lead to a reduced charge and/or other sentencing agreement. With the plea bargain in place, you can move to sentencing - the final step in the court process.
At present, Texas laws provide the following sentencing guidelines for embezzlement:
- Up to $1,500: a misdemeanor charge and up to one year in jail
- Up to $20,000: a felony charge and up to two years in prison
- Up to $100,000: a third-degree felony charge and up to 10 years in state prison
- Up to $200,000: a second-degree felony charge and up to 20 years in state prison
- Over $200,000: a first-degree felony charge and up to 99 years in state prison
Restitution
If you're convicted of embezzlement, you'll likely need to pay restitution. This is a court order requesting the value of the property or money taken be returned to the rightful owner. In many cases of embezzlement, the property is gone or the money spent, meaning you will need to repay the debt in installments.
If you are sentenced to serve jail or prison time as well as pay restitution, the prison sentence will often be followed by probation. Probation will then remain effective until you make the last installment payment. Additional penalties like community service may also be imposed by the court.
Final Notes
It's important to understand that some embezzlement circumstances warrant an enhanced punishment. For instance, you may receive a higher sentence if you worked as a public servant and used your position to steal property or funds. The same is true if the victim is disabled or elderly.
Rest assured your team of financial crime attorneys will advocate on your behalf from start to finish. Common defenses used in embezzlement cases include arguing you made an honest mistake, received consent from the property's owner, or lacked intent to keep the property taken. A sentence mitigation strategy may also be employed, in which your attorney shows why you deserve leniency.
Embezzlement is commonly referred to as a white-collar crime and involves the theft of money or property. Prosecutors can charge the crime as either a felony or misdemeanor, depending on the property value involved. Texas sentencing guidelines can vary from up to a year in jail to up to 99 years in state prison. Restitution is a common component of sentencing, and additional penalties like community service may be ordered as well.
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