What are Embezzlement Charges?
The difference between plain theft and embezzlement relies on the fact that in the latter, the funds or property were entrusted to the person who seized it. However, in Florida, embezzlement falls under the definition of theft, meaning that the person who embezzles is charged with theft.
This kind of crime may range from simple to complex. The theft can occur by withdrawing small amounts of money from a company over several months or years. On the other hand, a large withdrawal may be performed all at once.
What Is Needed To Prove Embezzlement?
In a trial, the prosecution must prove that the entrusted property was removed and intentionally used without the consent of the victim.
What Consequences Could You Face For Embezzlement in Florida?
In Florida, a conviction for embezzlement can produce a sentence from a second-degree misdemeanor to a sentence for a first-degree felony, depending on the circumstances and the value of the assets stolen. Depending on how the crime is considered, some of the penalties may include:
- Second-Degree Misdemeanor: This occurs when the value of the stolen assets is less than $100. If convicted, the defendant would face 60 days in jail and a monetary penalty of up to $500.
- First-Degree Misdemeanor: If the property taken is worth between $300 and $20,000, the perpetrator faces a punishment of up to 60 days in jail, and/or a $500 fine.
- Third-Degree Felony: When the stolen assets have a value of $100 or more, but less than $300, the punishment can be of up to five years in prison and a monetary penalty of up to $5,000.
- Second-Degree Felony: This happens when the value of the property taken is between $20,000 and $100,000. A person would then face a punishment of up to 15 years in prison, and/or a $10,000 penalty.
- First-Degree Felony: This is the most serious case of embezzlement, and it occurs when the value of the stolen property is estimated at $100,000 or more. The punishment is up to 30 years in prison, with a monetary penalty of up to $10,000, or both.
No matter the degree to which you may be charged, having a seasoned criminal defense attorney is essential to guard your best interests and legal rights. Attorney Russell A. Spatz is ready to help you and give you straightforward legal advice backed up by his 40 years of experience in the criminal defense field. Give him a call at (305) 442-0200 to discuss your criminal matter.