Bronx Embezzlement Lawyer
Embezzlement is just one of many types of theft that are criminalized under New York Penal Law. Allegedly stealing property when its owner has entrusted its care to the defendant carries the same penalties as alleged theft from strangers.
Still, there are some special circumstances that may apply in cases alleging embezzlement that can allow for specific defenses. For instance, a defendant in an embezzlement case may be able to argue that their use of the property was authorized under the owner’s instructions.
Either way, a Bronx embezzlement lawyer could help if you are charged with this form of theft. Should you choose to retain one, your seasoned fraud attorney could work to ensure that courts respect your constitutional rights and develop a strategy designed to advance your best interests.
What Does It Mean to Embezzle Property?
Embezzlement is just one of many forms of theft defined by New York Penal Law. Specifically, New York Penal Law §155.05 lists embezzlement as one of many ways that a defendant may allegedly take another party’s property without their permission. Prosecutors typically make no distinction regarding how a theft occurred when deciding upon how to file charges in a case.
Embezzlement occurs when a person has a legal and/or fiduciary right to hold property owned by another party but appropriates that property—which may include monetary funds—for their own benefit. As such, Bronx embezzlement attorneys most commonly assist defendants employed as bankers, insurance professionals, attorneys, and financial advisors.
How the Law Punishes Allegations of Embezzlement
As discussed above, embezzlement is charged as a form of larceny under New York Penal Law. The least serious of these offenses—embezzlement of anything valued at under $1,000—would be considered petit larceny. According to NYPL §155.25, this is a class A misdemeanor, meaning that a court may sentence a defendant to up to one year in jail upon conviction.
All other larceny—and by association, embezzlement—offenses are felonies. These charges are sorted into the following degrees in order of severity:
- Grand larceny in the fourth degree – a class E felony under NYPL §155.30, applicable whenever the value of the items or money taken is between $1,000 and $3,000
- Grand larceny in the third degree – a class D felony under NYPL §155.35, applicable whenever the value of the items or money taken is between $3,000 and $50,000
- Grand larceny in the second degree – a class C felony under NYPL §155.40, applicable whenever the value of the items or money taken is between $50,000 and $1 million
- Grand larceny in the first degree – a class B felony under NYPL §155.42, applicable whenever the value of the items or money taken exceeds $1 million
Since the court can combine all allegations of larceny into a single charge for sentencing purposes, allegations of embezzlement often rise to the level of serious felonies. For example, a defendant who is alleged to have embezzled $10,000 each from ten separate clients would be charged as if they took $100,000 in a single instance. An embezzlement lawyer in The Bronx could help an individual defendant better understand these larceny laws and how they apply to their case.
A Bronx Embezzlement Attorney May Be Able to Help
Allegations of embezzlement are effectively enhanced versions of larceny accusations under New York Penal Law. Because of this, a defendant accused of embezzling funds faces similar charges to those accused of common theft, based mainly on the dollar value of the items or funds allegedly taken.
A Bronx embezzlement lawyer could defend your freedom and reputation by working to disprove or mitigate various aspects of the prosecution’s case against you. Schedule a consultation today to let one get to work for you.