Embezzlement charges in Florida are serious, and a conviction could have equally serious consequences for your finances, your reputation, and even your freedom. Don’t just accept these consequences. Instead, contact The Sombathy Law Firm today for an initial case evaluation with a Panama City and Panama City Beach embezzlement defense attorney to learn what we can do to protect you at this critical juncture.
Understanding Embezzlement Laws
The crime of embezzlement involves the fraudulent act of taking property entrusted to one’s care. In most cases, a person commits embezzlement when they breach the trust of a property owner who has entrusted money or assets to the person’s custody or control, and that person uses that control to misappropriate the money or assets.
In Florida, state authorities prosecute embezzlement crimes under Florida’s theft statute. The statute makes it a crime to knowingly obtain or use or endeavor to obtain or use another person’s property with intent to temporarily or permanently deprive the other person of a right to or benefit from the property or appropriate the property for one’s use or the use of another party not entitled to use the property. A person may face embezzlement charges under federal law if they embezzle money or property belonging to the U.S. government.
Penalties for an Embezzlement Conviction
Under Florida law, the value of the money or property involved in an embezzlement crime will determine the sentence. The crime constitutes a first-degree felony, which imposes a penalty of up to 30 years in prison if the property embezzled has a value of $100,000 or more or the defendant embezzled cargo valued at $50,000 or more that has entered the stream of commerce.
Embezzlement constitutes a second-degree felony with a penalty of up to 15 years in prison if they embezzle property valued at $20,000 or more but less than $100,000 or the defendant embezzled cargo valued at less than $50,000 that has entered the stream of commerce.
Embezzlement constitutes a third-degree felony if the stolen property has a value of $750 or more but less than $20,000.
Sentences for federal embezzlement charges depend on the nature of the offense, with maximum incarceration terms ranging between one and 30 years.
In addition to incarceration and fines, defendants convicted of embezzlement can face other long-term consequences. Most critically, a person with an embezzlement conviction will have a criminal record that can make securing employment, housing, or educational opportunities extremely challenging, as employers, landlords, or other parties may distrust someone who has previously embezzled property entrusted to their care.
Defenses to Embezzlement Charges
A person charged with embezzlement may raise various defenses to fight the prosecution’s case and seek a dismissal or acquittal on their charges. Common defenses used in embezzlement cases include:
- Lack of intent: A defendant facing embezzlement charges may argue that the prosecution’s evidence fails to prove beyond a reasonable doubt that the defendant had the mental state of mind required by the criminal statute. For example, Florida law requires a defendant to knowingly obtain or use another’s property.
- Mistake of fact: Defendants may fight embezzlement charges by asserting they made a good faith mistake of fact in believing they had authorization to take or use the property at issue.
- Consent: A defendant may present evidence proving that the property owner consented to or authorized the defendant’s taking or use of the property.
- Lawful authority/purpose: Defendants charged with embezzlement, especially in cases where they transferred property to third parties, may argue that they used the money for lawful, authorized, or legitimate purposes, such as paying for bona fide services.
- Unlawfully obtained evidence or statements: A defendant may seek to exclude evidence from the government’s case by asserting that law enforcement investigators obtained evidence through unlawful searches unsupported by a warrant or probable cause to search. Defendants may also file motions to suppress statements they gave to investigators by arguing that an interrogation violated their rights.
What Should You Do If You’re Arrested for Embezzlement?
Following an arrest on embezzlement charges, you can take steps that will help protect your legal options and put you in the best position to face your charges, including:
- Exercise your right to remain silent. You do not have to answer the police’s questions about your charges or sit down for an interview or interrogation. When questioned by an officer on matters that could possibly incriminate you, politely and firmly advise the officers that you want to exercise your right to remain silent and do not want to answer questions.
- Talk to a criminal defense lawyer. If you are the subject of a criminal investigation, you have the right to legal counsel, which includes the right to consult an attorney before police questioning and to have your attorney present if you agree to answer questions.
- Finally, gather evidence that may help your defense, including documents showing your authority to take or use the property at issue or names of witnesses who can provide favorable testimony.
How Can a Criminal Defense Attorney Help You Fight Embezzlement Charges?
When you face criminal charges of embezzlement, a seasoned Panama City criminal defense attorney from The Sombathy Law Firm can help you see the best possible outcome to your criminal case by:
- Thoroughly and independently investigating your charges to obtain all available evidence in your case beyond that in the prosecution’s case file to help us build the most robust defense possible
- Evaluating the facts and evidence to identify potential case strategies that can help you seek a more favorable outcome to your charges
- Explaining the nature of your charges and the potential outcomes of your case to help you make informed decisions about your legal options
- Challenging the prosecution’s case at each stage, including filing motions to exclude evidence or dismiss the charges for insufficient evidence
- Presenting a vigorous defense at trial if you choose to fight your charges and want to assert your innocence
Contact Our Panama City Embezzlement Defense Attorney Today
Have you been arrested on embezzlement charges in Panama City or Panama City Beach? If so, you need experienced legal representation to pursue a compelling defense strategy. Contact The Sombathy Law Firm today for a confidential consultation with an embezzlement defense attorney in Florida to discuss your options for pursuing a favorable resolution to your charges.
