Embezzlement is defined as stealing or misappropriating property or money that belongs to another person, and the penalties can be severe. An embezzlement defense attorney is best placed to provide you with specific advice if you face this charge, but in this article, we’ll go through some of the information that you need to know.
Ask an Embezzlement Defense Attorney: What Is the Penalty for Embezzlement in Texas?
You might be surprised to learn that there isn’t a separate law for this crime in Texas. Instead, it comes under the broader legislature for theft. If you are facing charges for this, you should go to a legal professional in this state. Embezzlement defense lawyers in Houston, for example, will be able to advise you on the legal specifics more accurately than lawyers in another state.
White-Collar Crime
This is a white-collar crime, which means that violence wasn’t involved, but you may still be facing heavy penalties. Usually, it involves money or property that you’ve had legal access to, even though it isn’t yours, and you’re being accused of misappropriating it in some way.
Acts of Fraud
In general, this crime is associated with acts of fraud, and these can include government or tax fraud. It can also be taking money from an employer or mortgage fraud. The charge may not be related to money. For example, if you take services from an employer without permission, this is also considered a crime, and the penalties can be serious.
What Are the Criminal Charges?
This crime can be classified as a misdemeanor or a felony. The charges that you face and the severity of the penalty that you receive depend on the amount of money that is involved.
A Misdemeanour
If the amount involved is under $100, it is a misdemeanor and the punishment is a $500 fine. This is the only charge that doesn’t carry a potential jail sentence. It is also a misdemeanor if the amount involved is more than $100 and under $2,500. In this situation, the penalties are a jail sentence of up to a year, with fines of up to $4,000.
A Felony Charge
When the amount involved is over $2,500, the crime is classed as a felony. In this case, the sentencing is more severe, with fines up to $10,000. There are different jail terms for each charge:
- $2,500–$30,000: up to 2 years in jail
- $30,000–$150,000: up to 10 years in jail
- $150,000–300,000: up to 20 years in jail
- $300,000 or more: up to 99 years in jail
What Are Enhanced Penalties?
When there are aggravating factors, you will be treated more severely, and enhanced penalties will apply. If you are a public servant or a government employee, you will automatically face higher charges. This is also the case if you work for a nonprofit organization or if the victim is a vulnerable person. In these circumstances, the crime is raised to the next level of offense, and that means that the punishment will also be higher.
Paying Restitution
In addition to paying a fine and receiving a jail sentence, you may be required to pay restitution. This is when the amount that has been taken is paid back to the victim. The recipient isn’t always a person; restitution can also be awarded to institutions or corporations.
Other Possibilities
You may have to return property to the victim. If this isn’t possible, there may be financial compensation awarded instead. In some cases, you may be able to pay the amount in installments that are set by the court. On occasion, you’ll receive community service as a form of restitution.
Facing Federal Charges
In some situations, you may face both state and federal charges for the same offense. This tends to be when employees of government departments or a financial institution are being charged. It is also when the crime is deemed to have crossed state lines. For a federal charge, the prison term can be up to 10 years, and the fines can be up to $250,000. Once again, restitution may apply.
Are There Mitigating Factors?
The penalties for this crime can be heavy but mitigating factors may be applicable. For instance, if you don’t have a criminal history or if this is a one-off act, the penalties may be less severe. It also depends on your role in the crime. If you were only involved in a minor way, your sentence may be lighter.
Additional Mitigating Factors
Similarly, if you have a physical or mental illness, it will be considered during sentencing. You may be asked to provide medical records as evidence. It also helps if you show genuine remorse for the crime, as this will also be considered.
If you find yourself charged with this crime, you should seek advice from a legal professional immediately. They will be able to guide you through the process and ensure that you have a solid defense strategy.