Embezzlement: Stealing From People Who Put Their Trust In You
If you have been accused, or are under investigation for embezzlement, contact Bellwoar Kelly, LLP immediately to discuss your case and charges with an experienced Chester County Embezzlement lawyer..
Embezzlement, under both federal law and state law, is a very serious offense. Federal law criminalizes embezzlement under 18 U.S. Code Chapter 31: https://www.law.cornell.edu/uscode/text/18/part-I/chapter-31.
Federal Criminal Defense Attorney Defending Embezzlement.
Embezzlement is the act of a person taking property that has been entrusted to his care — and belongs to someone else — and converting that property into his own property for his own use. Embezzlement generally requires that the government prove that the defendant took or converted property that was entrusted to the defendant by the victim. Examples include a money manager who skims money from client accounts, or a contractor who takes property belonging to a property owner. Embezzlement is different from theft or larceny because the embezzler legally assumes possession of the property in question before it has been illegally taken by the defendant, specifically, that the use of the property by the embezzler exceeds the permitted use for the property. Typically, an embezzler has a relationship with the victim that places them in a position of trust; therefore, the embezzler may have access to financial records, receipts, payments, inventories or other things of value to the business in the course of their employment.
Embezzlement is one of the most significant and commonly perpetrated crimes of theft in Chester County, Montgomery County and the surrounding counties. Embezzlement carries a term of incarceration of up to 15 years in state prison. If you are being investigated for embezzlement, contact a Chester County embezzlement attorney immediately.
Embezzlement Attorney In Montgomery County And Chester County
To better understand embezzlement crimes in Pennsylvania, it is critical to recognize that there is no actual crime of embezzlement. In other words, if you examine the Pennsylvania criminal statutes in Title 18 you will not find a statute called embezzlement. Instead, the technical offense is theft. Often time, a theft/embezzlement allegation is linked to or a part of other criminal scheme or actions. Before discussing those crimes with your Pennsylvania embezzlement attorney make sure to have a firm grasp on what constitutes a theft offense in Pennsylvania.
Under Pennsylvania criminal law, a theft occurs, if you take property belonging to another person with the intent to deprive that person of the property. This taking must be done without permission or authority of the owner.
While some criminal lawyers, as well as those who have never stepped foot in a courtroom, often think that embezzlement crimes involve millions of dollars, much of these thefts are quite less.
Accused Of Stealing From Your Employer? Talk To Us.
If you or a member of your family was accused of stealing from an employer, or if you expect to be charged, our criminal defense attorneys can assist you. At Bellwoar Kelly, LLP, based in West Chester, Pennsylvania, we represent defendants in criminal cases related to:
- Company controllers and managers
- Reported theft from universities and other educational institutions
- Alleged technology fraud
- Employees accused of buying or appropriating goods for themselves with company resources
- Employees accused of “skimming” from nonprofit organizations
- Check fraud and forgery
Every case has its own challenges. No matter what your situation involves, do not talk to the police or county attorney about your case until you have spoken to your attorney.
Grading Of Theft And Embezzlement Under Pennsylvania Law
If you embezzle property valued in excess of $2,000 or more, then you are guilty of theft graded as a felony of the third degree punishable by up to seven years in prison pursuant to Pennsylvania law: http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.039..HTM.
Although any arrest is an intimidating proposition, there are ways to protect oneself when confronted by detectives or prosecutors in Pennsylvania. While no website can substitute for experienced legal representation, it is important to remember that even apparently harmless conduct can hurt your defense. Protecting yourself at the onset of any criminal investigation may mean the difference between an arrest, indictment, conviction or even complete exoneration.
The former prosecutors at Bellwoar Kelly, LLP encourage you to educate yourself on the law and critically examine the evidence against you. While no attorney can guarantee a particular result in any criminal matter pending before the courts of Pennsylvania, we have successfully represented clients in embezzlement and theft arrests stemming from a few thousand dollars to well over $5 million.
Chester County embezzlement defense lawyer Evan Kelly offers a free confidential consultation to those facing any type of theft crime charge. During this consultation, Evan Kelly will review your situation, answer your questions and assist you in order to help you avoid a conviction for this serious offense.