NYC Embezzlement Defense Attorney

Embezzlement is a complex charge that requires a nuanced defense strategy. However, charges don’t mean a conviction, and our New York embezzlement attorneys stand ready to provide experienced legal representation.

As a former New York prosecutor, criminal defense attorney Mehdi Essmidi has experience from both sides of the courtroom, which can give your case the edge you need. Don’t let embezzlement charges define your future. Reach out to us today for a free consultation.

Understanding Embezzlement Charges

Embezzlement, often charged under grand larceny as defined in the New York penal code, is a white-collar crime involving taking or misappropriating funds or assets entrusted to you. 

This crime is typically associated with corporate settings, where employees can access company funds or resources. However, it can occur in various contexts where one party has been entrusted with another’s property and subsequently accused of misappropriation of the property for personal gain.

In New York, if someone is charged with grand larceny, it means they allegedly took someone else’s property without permission, which can happen in many forms, including embezzlement. 

The seriousness of the charge, whether considered a misdemeanor or a felony, depends on the value of the property taken. Defending against embezzlement requires a robust legal defense.

Types of Embezzlement

Embezzlement takes many forms and occurs in various scenarios. Here are some common types:

Employee Theft: This occurs when an employee steals money or goods from their employer.

Fiduciary Breach: Involves a person entrusted with managing someone else’s assets (a fiduciary) misusing those assets.

Corporate Fraud: Involves executives manipulating company funds or assets for personal gain.

Consequences of a Grand Larceny Conviction

Having a criminal record due to an embezzlement conviction can have long-term consequences. The potential penalties depend on the value of the property stolen and whether you have any prior convictions. Here’s a breakdown of what can happen if you are convicted:

• Petit Larceny (Up to $1,000): A Class A misdemeanor punishable by up to one year in jail and a fine of up to $1,000
• Grand Larceny in the Fourth Degree ($1,000-$3,000): A Class E felony punishable by up to four years in prison and a fine of up to $5,000
• Grand Larceny in the Third Degree ($3,000-$50,000): A Class D felony punishable by up to seven years in prison and a fine of up to $5,000
• Grand Larceny in the Second Degree ($50,000-$1 Million): A Class C felony punishable by up to 15 years in prison and a fine of up to $15,000
• Grand Larceny in the First Degree (Over $1 Million): A Class B felony punishable by up to 25 years in prison and a fine of up to $30,000

Common Embezzlement Defenses

Facing embezzlement charges can be overwhelming, but there are several defenses your attorney can use to challenge the prosecution’s case. Below are some common defenses we may mount on your behalf. 

Lack of Intent: One of the key elements in an embezzlement case is intent. The prosecution must prove that someone intentionally took or misused funds or assets for their benefit. If it can be shown that these actions were unintentional or a result of a misunderstanding, the charges could be reduced or dismissed.

Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant committed embezzlement. If the evidence is weak or circumstantial, an experienced embezzlement attorney can argue for a dismissal of the charges.

Entrapment: If someone induced the accused to commit a crime they would not have otherwise committed, it may be possible to use entrapment as a defense.

Duress: If the accused were forced or threatened into committing embezzlement, a duress defense could be used. 

Addressing Related Charges: Racketeering and Wire Fraud

In addition to embezzlement, you may also face related charges such as racketeering and wire fraud. These federal offenses carry more severe penalties, highlighting the need for an experienced defense attorney.

Racketeering charges typically refer to organized crime, often prosecuted under the Racketeer Influenced and Corrupt Organizations (RICO) Act at the federal level. RICO laws target individuals or groups engaged in a pattern of racketeering activity, including criminal offenses such as extortion, bribery, money laundering, fraud, forgery, Ponzi schemes, and other related financial offenses.

Wire fraud charges typically involve allegations of using electronic communications, such as phone calls, emails, or other forms of electronic messaging, to defraud individuals or entities of money or property. Wire fraud is a federal crime, often prosecuted under Title 18 § 1343.

Contact us for a Free Consultation

Facing embezzlement charges can be daunting and confusing. The legal system is complex, and the stakes are high. But remember, you don’t have to face this alone. We’re here to guide you through every step of the process.

A New York City embezzlement lawyer who can effectively challenge the charges and build a smart strategy can make all the difference in your case. Contact us for a free consultation. 

FAQ

What is the Difference Between Embezzlement and Theft?

While both involve taking someone else’s property without their permission, there’s a key difference between theft and embezzlement: the element of trust.

In theft or larceny cases, the perpetrator takes property without the owner’s consent. In contrast, embezzlement involves someone entrusted with someone else’s property or funds, misusing that trust for personal gain.

What is the Difference Between Petit Larceny and Grand Larceny?

In New York law, larceny is divided into two categories: petit larceny and grand larceny. Petit larceny, or petty theft, generally involves property valued up to $1,000. It’s a Class A misdemeanor punishable by up to one year in jail and a fine of up to $1,000.

On the other hand, grand larceny generally involves property valued at more than $1,000. It’s a felony offense, with penalties varying based on the value of the property stolen. The most severe form, grand larceny in the first degree, involves property valued at over $1 million and carries a penalty of up to 25 years in prison.