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Embezzlement

Lackawanna Embezzlement Lawyer

Experienced Embezzlement Defense Attorneys Serving Lackawanna County, PA

At Bernard J. Brown, Attorney at Law, we understand the serious nature of embezzlement charges. Our experienced criminal defense attorneys have successfully defended clients accused of embezzlement in Carbondale, PA, and throughout the surrounding areas. We are dedicated to protecting your rights and helping you achieve the best possible outcome in your case.

Facing embezzlement charges? Contact us today at (570) 676-1553 for a free consultation with an experienced Lackawanna embezzlement lawyer.

Understanding Embezzlement Laws in PA

Embezzlement is a type of theft that involves taking money or property that has been entrusted to you, such as funds from an employer or client. Embezzlement can occur in a variety of settings, including businesses, non-profit organizations, and government agencies. Embezzlement charges can range from a misdemeanor to a felony, depending on the amount of money or property involved.

Severity of Embezzlement Penalties

The penalties for embezzlement in Pennsylvania can vary depending on the specific circumstances of the case, such as the amount of money or the value of the property embezzled, prior convictions, and other factors considered by the court.

The following are the general classifications of theft offenses and their corresponding penalties:

  • Misdemeanor of the third degree: If the value of the embezzled property is less than $50, it is generally considered a misdemeanor of the third degree. The maximum penalties for a third-degree misdemeanor include up to one year in county jail and a fine of up to $2,500.
  • Misdemeanor of the second degree: If the value of the embezzled property is between $50 and $199, it is typically considered a misdemeanor of the second degree. The maximum penalties for a second-degree misdemeanor include up to two years in county jail and a fine of up to $5,000.
  • Misdemeanor of the first degree: If the value of the embezzled property is between $200 and $1,999, it is usually considered a misdemeanor of the first degree. The maximum penalties for a first-degree misdemeanor include up to five years in county jail and a fine of up to $10,000.
  • Felony offenses: Embezzlement involving property or funds with a value exceeding $2,000 can result in felony charges. The specific penalties for felony offenses depend on the degree of the offense, with first-degree felony charges carrying the most severe penalties. First-degree felonies can result in imprisonment of up to 20 years and fines of up to $25,000.

Protecting Your Future: The Importance of Legal Representation

Facing allegations of white collar crimes such as embezzlement can be a daunting experience. The stakes are high, and the consequences can significantly impact your personal and professional life. That's why having a skilled attorney by your side is crucial. At Bernard J. Brown, Attorney at Law, we understand the complexities of white collar crime cases and are committed to providing you with the best legal defense possible.

Here’s why having dedicated legal representation can make a difference:

  • Experienced Guidance: Our skilled attorneys will navigate the intricacies of the law, ensuring that you understand your rights and options.
  • Strategic Defense: We will develop a tailored defense strategy that addresses the specific circumstances of your case, aiming for the best possible outcome.
  • Negotiation Skills: Our team is adept at negotiating with prosecutors to potentially reduce charges or seek alternative sentencing options.
  • Emotional Support: We recognize the stress that comes with legal challenges. Our compassionate approach ensures you feel supported throughout the process.
  • Reputation Management: We understand the importance of protecting your professional reputation and will work diligently to mitigate any negative impacts.

Don't leave your future to chance. Contact us today to schedule a consultation and take the first step towards safeguarding your rights and interests.

Common Defenses Against Embezzlement Charges

When facing embezzlement charges, several defense strategies can be used to challenge the prosecution's case. Some of the most common defenses include:

  • Lack of Intent: Embezzlement charges require proof that the defendant intended to steal or misuse funds or property. If the defense can show that the accused acted without criminal intent, it can lead to a dismissal of charges. For example, if the defendant made an honest mistake or misunderstood the authority to use the funds, this can be a valid defense.
  • Mistaken Identity: In some cases, the person accused of embezzlement may not have committed the crime at all. Mistaken identity can be a defense if there is evidence that someone else was responsible for the theft or if the defendant was falsely accused.
  • Improper Handling of Evidence: If law enforcement mishandled or improperly gathered evidence during the investigation, it may be ruled inadmissible in court. A good defense lawyer will scrutinize the evidence to ensure it was legally obtained and handled properly.

Each case is unique, and the most effective defense strategy will depend on the specific circumstances of the charge.

Understanding White-Collar Crime

Embezzlement is classified as a white-collar crime, which typically refers to non-violent, financially motivated offenses committed by individuals in professional settings. White-collar crimes often involve deceit, fraud, or breach of trust. These crimes are usually committed by individuals in positions of authority, such as employees, executives, or government officials.

Embezzlement falls under this category because it involves the theft of funds or property entrusted to someone in a professional role. Unlike street-level theft or burglary, embezzlement is more complex and often requires a deep understanding of financial systems and legal structures.

How Embezzlement Affects Employers

Embezzlement can have devastating effects on employers, particularly when it involves significant sums of money or valuable assets. The impact on a business can be broken down into several key areas:

  • Financial Losses: The most obvious consequence of embezzlement is the direct financial loss. This can affect the business's bottom line and its ability to operate effectively.
  • Reputational Damage: Embezzlement can tarnish a company's reputation, leading to a loss of trust among clients, investors, and employees. This damage can have long-term effects on the business's credibility and success.
  • Legal Consequences: Employers may face legal challenges as a result of embezzlement, especially if the crime is discovered in the workplace. This may include lawsuits, regulatory scrutiny, and additional costs related to investigation and remediation.

When embezzlement is discovered, employers typically take immediate steps to investigate the matter, including:

  • Conducting an internal audit
  • Reporting the crime to law enforcement
  • Taking disciplinary action against the employee involved
  • Strengthening internal controls to prevent future incidents

Understanding the consequences of embezzlement is crucial for both employees and employers to ensure that steps are taken to prevent such crimes from occurring and to protect the business’s interests.

How Our Lackawanna Embezzlement Lawyers Can Help

Our criminal defense attorneys have the knowledge and experience to build a strong defense against embezzlement charges. We will work to investigate the allegations against you and gather evidence to support your case. We will also negotiate with the prosecution to try to reach a favorable plea bargain or take your case to trial if necessary.

We understand that an embezzlement charge can have serious consequences for your personal and professional life. We will work tirelessly to protect your rights and help you achieve the best possible outcome in your case.

Frequently Asked Questions (FAQ) about Embezzlement Charges

What is the difference between embezzlement and theft?

  • Embezzlement involves the unlawful taking of funds or property that has been entrusted to someone in a position of trust, such as an employee or public official. Theft, on the other hand, typically refers to the act of stealing property without being entrusted with it in the first place. Embezzlement requires a fiduciary relationship between the defendant and the victim, while theft does not.

Can embezzlement charges be reduced or dismissed?

  • Yes, there are circumstances where embezzlement charges can be reduced or dismissed. If the prosecution cannot prove all the elements of the crime, or if there is a legitimate defense, such as lack of intent or improper handling of evidence, the charges may be reduced or dropped. A skilled attorney can evaluate the case and explore all possible legal avenues.

How can an attorney help if I’ve been accused of embezzlement?

  • An experienced attorney can help by reviewing the details of your case, challenging the evidence, and exploring potential defenses such as mistaken identity or lack of criminal intent. They can also negotiate with the prosecution for reduced charges or work to develop a defense strategy that could lead to a favorable outcome.

Can an employer recover stolen funds from an embezzlement case?

  • While it is possible for an employer to recover some or all of the stolen funds, the process is often complicated. Employers may pursue civil action in addition to criminal proceedings to recover assets. The outcome depends on the specific circumstances of the case, such as the amount of money embezzled and the defendant’s financial situation.

What penalties can someone face if convicted of embezzlement in Pennsylvania?

  • Penalties for embezzlement in Pennsylvania vary based on the value of the stolen property or funds. Convictions can result in significant fines, imprisonment, and restitution. If the embezzlement amount is over $2,000, it could result in felony charges, carrying penalties including years of imprisonment and hefty fines.

Can a first-time offender avoid jail time for embezzlement?

  • While it’s not guaranteed, first-time offenders may have a chance to avoid jail time depending on the case's circumstances and the severity of the offense. A strong defense strategy, negotiation for reduced charges, or entering into a plea agreement can sometimes result in alternative sentencing, such as probation, restitution, or community service.

Need a strong defense against embezzlement charges? Contact us now at (570) 676-1553 to protect your future with trusted legal representation.

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