Embezzlement Attorney in Miami
Helping You Mitigate the Damage of Being Accused of This Crime
Embezzlement is a type of white collar crime that occurs when a person who is given the trust to manage or monitor someone else’s money or property, steals or appropriates all or part of it for his or her personal gain. These cases can arise in a variety of ways. Most commonly, a bank teller is accused of taking a bank customer’s money, which they were entrusted to handle or manage; or an officer or employee of a company embezzles corporate funds. Under federal law, there are several types of embezzlement crimes, and they are all to be taken seriously. Because embezzlement involves abuse of power and mistrust, these investigations, even if they never lead to a conviction, can have hugely negative consequences on someone’s life, job, and reputation.
In Florida, embezzlement falls under the crime of theft. If you have been accused of committing this type of white collar crime, Fischer Redavid PLLC is ready to fight for your rights and freedom and defend you against embezzlement charges in state and federal court. Our firm has a reputation for hard work, fierce advocacy for my clients, and stellar customer service.
If you think you may be in legal trouble, there is no time to waste. Our firm is available 24/7 for all your legal needs. Call for a free consultation today at (305) 400-0074!
Penalties for Embezzlement in Florida
The consequences of embezzlement in Florida vary significantly with the amount of money in question, but often include:
- Imprisonment and parole
- Monetary fines
- Loss of professional license
- Suspension of driver’s license.
Under state law, embezzlement may be charged as a misdemeanor or felony of various degrees. The primary factor is the value of the money or property stolen. However, there are certain factors that increase the penalties even for lesser amounts, such as theft of controlled substances and theft from a dwelling.
Let’s take a look at the basic guidelines for how embezzlement charges are determined:
- If the value of the embezzled property is $100,000 or more, you will be charged with first-degree felony punishable by up to 30 years jail time and up to $10,000 fines.
- If the value of the embezzled property is $20,000 to $100,000, you will be charged with second-degree felony punishable by up to 15 years jail time and up to $10,000 fines.
- If the value of the embezzled property is $300 to $20,000, you will be charged with third-degree felony punishable by up to 5 years jail time and up to $5,000 fines.
- If the value of the embezzled property is $100 to $300, you will be charged with a first-degree misdemeanor punishable by up to one year jail time and up to $1,000 fines.
- If the value of the embezzled property is less than $100, you will be charged with second-degree misdemeanor punishable by up to 60 days jail time and up to $500 fines.
Defense Strategies to Fight an Embezzlement Charge
Embezzlement is a serious charge and authorities will aggressively prosecute accused embezzlers. However, every case has a defense.
Some of the most important potential defenses against a charge of embezzlement are:
- Insufficient evidence. As with any crime, a prosecutor’s embezzlement case hinges on the quantity and quality of evidence against the accused. Each case is different and some may have relatively little solid evidence against the accused.
- Absence of intent. Embezzlement only occurs if the accused intends to steal the property of another. If the accused could reasonably have thought they were simply doing their job or had a legal claim on the property, or if they did nothing to conceal their actions, these are possible defenses.
- Duress. This refers to the belief that some harm may come to you if you do not commit a crime. For instance, an alleged embezzler may genuinely believe that if they do not participate in a scheme hatched by their boss, they will lose their job.
- Entrapment. Entrapment occurs when law enforcement leads someone to commit a crime they would not otherwise have committed. Investigators often set up “stings” that give someone the opportunity to commit a crime. In these cases, entrapment is one possible defense. Entrapment is often a gray area because we cannot know for sure what an alleged criminal would have done absent government action, but it can be enough to put doubt in the minds of jurors.
A good Miami embezzlement defense attorney knows early on which defensive strategies are strongest in any particular case. At Fischer Redavid PLLC, we can persuasively argue those defenses both to prosecutors, for dismissal of charges and plea negotiations, and to juries at trial.
As with any criminal charge, our firm’s reputation for a willingness to go to trial helps our clients get favorable plea agreements. When we do go to trial for our clients, we have a reputation for winning. Don’t hire an attorney who rarely sets foot in a courtroom. You deserve better and you need better.
If you are accused of or under investigation for embezzlement, you need the help of a criminal defense attorney in Miami who can outwork and out-think the prosecution. We ready to take your case to trial. We are available night and day to work with you to get your charges dismissed or obtain a not guilty verdict. Don’t wait any longer.
Call us today at (305) 400-0074 and we can get to work right away on protecting your rights and your freedom.