Embezzlement

An embezzlement conviction can lead to serious penalties and consequences. If you’ve been charged with or arrested for embezzlement, you need an attorney on your side right away. Because embezzlement cases can involve complicated evidence and significant penalties, you shouldn’t try to handle your case yourself. Your best recourse is hiring a knowledgeable lawyer who is experienced in winning embezzlement cases.

Your attorney can explain the details of your case and the charges against you. They can build a robust defense strategy to work toward the best possible outcome in your situation. Contact Myers & Wallace, LLP, for an initial case evaluation with a white collar crimes defense lawyer. Let’s talk about how we can protect your rights, reputation, and future.

Understanding Embezzlement

Embezzlement is a criminal offense that involves the theft of money, property, or benefits belonging to another party. Other types of theft offenses occur when a person takes property from its owner without permission or takes property through the use or threat of force. Embezzlement, on the other hand, occurs when someone uses their lawful access to property to take or misappropriate it.

Thus, an embezzlement offense can only occur if a person has lawful access to the property initially. If the person uses their access to convert the property to their ownership or use it without the owner’s knowledge or authorization, that’s embezzlement.

Common Examples of Activity That Can Lead to Embezzlement Charges

Examples of conduct that may lead to a person facing prosecution for embezzlement include:

An employee takes the employer’s cash, accounts, or property for themselves or another party
An employee misuses corporate credit cards for personal items, gifts, or travel
An accountant or bookkeeper begins skimming or diverting funds for themselves
A trustee of a trust or personal representative of an estate misappropriates trust or estate funds
A contractor fraudulently pads hours or bills for “ghost” employees

Embezzlement Laws in Indiana

Indiana doesn’t have a crime called “embezzlement.” Instead, prosecutors charge people under the state’s “criminal conversion” statute. A person commits criminal conversion when they knowingly or intentionally exert unauthorized control over another person’s property. By default, criminal conversion is a Class A misdemeanor. However, the offense can become a Level 6 felony if a person embezzles another party’s motor vehicle with the intent to use it to commit another crime.

Criminal conversion is a Level 6 felony under a specific set of circumstances, which include:

The perpetrator acquires the property by lease
The party embezzles a motor vehicle
The perpetrator signs an agreement to return the property at a specific location or time, and
The perpetrator fails to return the property within 30 days of that time or within three days of a written demand for return of the property

Embezzlement can be a Level 5 felony if it’s committed by a person who exerts unauthorized control over another party’s motor vehicle and the person uses the vehicle to commit a felony.

A court may decrease a Level 6 felony offense to a Class A misdemeanor. However, this option isn’t available if the defendant has certain prior convictions. If the defendant has any of these circumstances, the reduction isn’t allowed:

A prior, unrelated felony conviction within the past three years that the court had reduced to a Class A misdemeanor
A prior Class D or Level 6 felony conviction for domestic battery
A prior conviction for possession of child pornography.

Sentences imposed for an embezzlement conviction under Indiana law include:

Class A misdemeanor: Up to one year of incarceration, a fine of up to $5,000, or both
Level 6 felony: Six months to 2.5 years of incarceration (with an advisory sentence of one year) and a potential fine of up to $10,000
Level 5 felony: One to six years in prison (with an advisory sentence of three years) and a potential fine of up to $10,000

Consequences Beyond Criminal Penalties

A conviction for criminal conversion under Indiana law can have other consequences beyond incarceration and fines. A court may include restitution obligations in a convicted defendant’s sentence. Restitution orders require a defendant to reimburse their victim(s) for financial losses caused by the defendant’s crime.

Other consequences of embezzlement convictions include:

Potential immigration consequences for non-citizens
Suspension or revocation of professional licenses
Loss of firearm rights for felony convictions

An embezzlement conviction in your criminal record can also complicate efforts to pursue employment or housing opportunities.

Defenses Against Embezzlement Charges

A person facing embezzlement charges may have various factual or legal defenses available to them. Common examples of defense strategies used in embezzlement cases include:

Lack of intent to deprive the owner of their property
Authorization from the owner to take or use the property
Mistaken identity
Insufficient evidence of misappropriation, such as “missing” money resulting from accounting errors
Evidence or statements in the prosecution’s case obtained through unlawful means

Why You Need an Indiana Criminal Defense Lawyer

An embezzlement case can involve technical facts and legal issues. An Indiana criminal defense attorney can help you build a tailored, robust legal defense against your charges that takes all the facts and issues into account. A defense lawyer can pursue a favorable outcome to your case by:

Thoroughly investigating your case to obtain all available evidence, including financial records, legal documents, and witness testimony
Reviewing the facts of your case to identify potential defense strategies
Helping you make informed decisions by explaining the details of your charges and advising you of the possible outcomes of your case
Vigorously contesting the prosecution’s case at every stage to protect your rights and pursue a reduction or dismissal of your charges
Fighting for the best possible outcome under the circumstances, even when that means going to trial to present a defense or advocate your innocence

Why Choose Our Firm?

When you’re facing prosecution for embezzlement, you need experienced legal counsel who can understand the intricate evidence and issues in your case. Your choice of legal counsel can make a difference in the resolution of your charges. You should turn to an embezzlement defense attorney from Myers & Wallace, LLP, to advocate for your rights because:

Our legal team has over five decades of combined legal experience advocating for clients facing criminal charges.
When you choose us to represent you in a criminal case, you can expect our attorneys to take the time to hear your story and provide the personal attention and dedicated support you need.
Our firm has developed a robust reputation for comprehensive legal representation in a wide range of cases.
We diligently respond to your phone calls and emails, answering your questions as quickly as possible and providing you with updates on the progress of your case, so you never feel alone or in the dark.
Our past clients consistently praise our communication skills, our timely responses, and our excellent results.

Contact Us Today for Experienced Legal Representation

After prosecutors charge you with embezzlement, get the legal advice and advocacy you need to get through the criminal justice system. Do not try to handle your defense on your own. At Myers & Wallace, LLP, we’re ready to take on your case and handle the entire legal battle on your behalf. Call today for a confidential consultation with a knowledgeable criminal defense attorney.

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Myers & Wallace, LLP helps with a wide variety of legal needs throughout Indiana. If you need assistance for a case relating to employment law, civil rights, criminal defense or personal injury call us at 260-424-0600 so we can get started on developing your personalized strategy.