Embezzlement is a white collar crime, meaning it is typically committed by individuals in managerial or supervisory positions. The crime involves a person taking money from their company for their own financial gain. This is done by misappropriating cash, checks, funds, and any other assets that belong to the company. This crime is often seen in larger companies where money that goes missing is much harder to find. In order to be found guilty, a series of criteria must be met.
In order to be convicted, a thorough and honest investigation must be made into the alleged crime. The prosecution is responsible for proving that the following actions were performed in order for an embezzlement charge to hold:
- Taking advantage of one’s position in a company
- Receiving financial gain
- Using fraudulent actions to commit a crime
- There was intent involved in taking money from the company
If you have been charged with embezzlement, it is of the utmost importance that you contact an experienced defense attorney to represent your rights and freedoms. Sentences will be based upon the method of embezzlement as well as the amount of money taken. Up to 20 years of jail time is at risk for some larger embezzlement charges.
Defense attorneys have several different tactics they use to try and overturn charges or reduce sentences for their clients. They may be able to prove that a crime was not intentional or that the theft was actually committed by another party. Even if a person cannot be cleared of all charges, lower sentences may be handed out. For example, fines may replace jail time and community service may replace fines.
If you have been accused of embezzlement, visit the website of the Milwaukee criminal defense attorneys of Kohler & Hart, LLP, for more information.