Philadelphia Embezzlement Lawyer
Due to the serious nature of embezzlement and related theft charges, you should take steps to understand your rights if you are accused of committing this type of offense. An experienced Philadelphia embezzlement lawyer may be able to explain the distinctions between different theft charges based on embezzlement. You then may be able to make more informed decisions about the charges that you are facing.
There are a variety of defenses that might apply in an embezzlement case. An embezzlement attorney may be able to raise defenses such as duress, or fear for your safety, entrapment by the government, or a lack of criminal intent in your case. These defenses may assist in reaching a better resolution to the charges against you. Speak to a tenacious criminal defense attorney to learn about your legal options.
What is Embezzlement?
Under Pennsylvania law, embezzlement is a form of theft in which persons misappropriate property or funds belonging to others for their own use. The difference between theft and embezzlement is that in an embezzlement offense, the owners of the property or funds have entrusted those items to the care of the accused persons.
Offenses involving embezzlement often arise as a result of the official position of the persons, such as a bank officer or investment professional, or a similar position of trust established by law. As a result, embezzlement typically is classified as a white collar crime, which is an offense often committed by professionals in the course of their job duties or legal responsibilities. These crimes primarily involve funds and property, rather than any violence or bodily harm to others.
Charges for Embezzlement
There is no statute in Pennsylvania law that specifically defines the crime of embezzlement. However, there are various theft offenses that may apply in a situation involving embezzlement. Some of these offenses may include:
- Theft by deception
- Theft by extortion
- Theft by failing to make a required disposition after receiving funds
Embezzlement could occur in a variety of scenarios, but some of the more common examples of embezzlement are:
- Cashiers who steal funds from their employers rather than depositing them into their cash register doors
- Pension or investment fund administrators who divert funds of others to use for their own personal gain
- Trustees who use trust income or assets to benefit themselves rather than the beneficiaries of the trust
Embezzlement is a felony offense in most cases. However, if the embezzlement involves the theft of property or funds worth less than $2,000, then a theft offense based on embezzlement could be considered a misdemeanor charge. Regardless of the charge, those who are suspected of involvement in an embezzlement scheme should strongly consider consulting a knowledgeable attorney in Philadelphia for advice.
Grading of Theft Offenses
Depending on the circumstances, embezzlement could be charged as different degrees of felony offenses. The degree of the charge and accompanying penalties depends on the value of the property or funds involved. Since the penalties for an embezzlement conviction could be very severe, including years in prison and high fines, consulting a Philadelphia embezzlement attorney for advice may be wise.
Pursuant to 18 Pa. Stat. § 3903, embezzlement may be charged as a felony of the third degree if the value of the property involved in the offense is worth $2,000 or more. If the value of the property or funds embezzled is valued at between $100,000 and $500,000, then the charge could become a second-degree felony. If the value of the property exceeds $500,000, then embezzlement may be charged as a felony of the first degree.
Under 18 Pa. Stat. § 106, conviction on a third-degree felony charge could result in a maximum prison sentence of seven years and a $15,000 fine. A second-degree felony conviction may result in a prison sentence of up to ten years and a $25,000 fine. Finally, a felony of the first-degree conviction could result in a 20-year prison sentence and a $25,000 fine.
Let a Philadelphia Embezzlement Attorney Assist You
If you are facing criminal charges, it is important to understand the nature and potential consequences of those charges, as well as your rights. A committed Philadelphia embezzlement lawyer may be able to assist you with these tasks.
With legal advice, you may be able to better explore your options for resolving the charges against you and choose the best defense strategy to pursue in your case. As a result, you may have a better chance of a positive resolution of these charges. Call today to schedule a consultation.
