Cincinnati Embezzlement Lawyer
Helping Clients in Cincinnati Facing Criminal Embezzlement Charges
When people think of criminal embezzlement charges, they often think of individuals who work together to misappropriate large amounts of money from a wealthy corporation. However, embezzlement does not always involve such a grand criminal scheme, and there are many different types of occurrences that can lead to criminal embezzlement charges in Cincinnati. If you are convicted of an embezzlement offense, then you may be sentenced to jail time, fines, and other serious penalties that can impact you for years to come.
If you are currently facing embezzlement charges, the experienced Cincinnati embezzlement lawyers at the Joslyn Law Firm are ready to help you with handling your criminal case today. Our legal team focused in financial crimes can represent you at all of your court hearings and will always advocate for your best interests. Please give us a call today at (513) 399-6289 or contact us online to learn more about how we can assist you with defending against your Cincinnati criminal embezzlement charge.
Overview of Embezzlement Charges in OH
- What is the Crime of Embezzlement?
- Will You Go to Jail If You’re Convicted?
- Defending Against Embezzlement Charges
- Speak to a Experienced Attorney
What is the Crime of Embezzlement?
Embezzlement falls into the category of theft crimes, but it is different from traditional theft in an important way. Embezzlement happens when someone who already has access to property, or who is entrusted with property temporarily, takes the property for themselves without permission.
In order to prove that you committed embezzlement, the prosecutor must show the following:
- That the owner of certain property gave you a certain degree of control over money, property, or something else of value for the owner’s benefit
- That you did not have legal ownership or title to the subject money or property
- That you took the property or money and misappropriated it for your own personal use
In addition to the common example of a store clerk pocketing money from a cash register, embezzlement crimes can also include unlawfully altering overtime records, falsifying a payroll record, or taking part in a billing scheme that is fraudulent. Taking part in a Ponzi scheme is also widely considered a type of embezzlement crime.
Can an Embezzlement Conviction Send You to Jail?
A conviction for embezzlement can lead to numerous legal penalties and other criminal consequences. Since embezzlement is a type of theft conviction in the State of Ohio, the penalties imposed for a conviction typically center around the value of the property that the defendant allegedly misappropriated to his or her own use. When judges sentence defendants in criminal embezzlement cases, they may also look to a particular defendant’s prior record of criminal convictions, if any.
Sentencing judges may also consider certain aggravating factors when it comes to embezzlement convictions. For example, if the victim of the alleged embezzlement offense was a disabled or an elderly individual, an active member of the military, or the spouse of an active service member, the sentencing judge may increase the penalty imposed upon conviction.
If you are convicted of embezzlement, you could face penalties that include the following:
- If the value of the stolen property was less than $1,000, then the accused may be sentenced to 180 days in jail and a maximum $1,000 monetary fine.
- If the value of the stolen property was at least $1,000 and under $7,500, then the accused may be sentenced to one year in jail and a maximum $2,000 monetary fine.
- If the value of the stolen property was at least $7,500 and under $150,000, then the accused may be sentenced to between six and 18 months in jail and a maximum $5,000 monetary fine.
- If the value of the stolen property was at least $150,000 and under $750,000, then the accused may be sentenced to at least nine months in jail and up to 36 months in jail, along with $10,000 in monetary fines.
In the event the defendant is convicted of an embezzlement crime that involved an individual in a protected class, such as an elderly or disabled person, he or she may incur fifth-degree felony charges.
If you have been found guilty and convicted of an embezzlement charge in Cincinnati, an experienced Cincinnati embezzlement lawyer can be present at your sentencing hearing and advocate for the smallest possible criminal sentence on your behalf.
Defending against an Embezzlement Charge in Cincinnati
A successful legal defense advanced at a criminal trial may result in your embezzlement charge being dropped and your entire criminal case being dismissed by the presiding judge. Some of the most common legal defenses to an embezzlement charge in Cincinnati include the following:
- That you did not harbor the necessary specific intent to commit embezzlement or any other theft crime at the time you allegedly misappropriated the subject money or property
- That you reasonably believed, based upon statements or actions, that you were the true owner of the money or property at issue
- That you acted under duress because someone threatened you with serious bodily harm or death if you refused to commit the alleged offense
- That law enforcement used unlawful coercion or duress to entrap you into committing the alleged offense
- That during the theft investigation, law enforcement violated your constitutional rights, such as your Fourth Amendment right to be protected against unlawful searches and seizures or your Fifth Amendment Right against self-incrimination
Talk to a Cincinnati Embezzlement Lawyer Today about Your Criminal Charges and Your Defense
Embezzlement is a serious crime in Cincinnati, and a conviction can lead to serious problems, penalties, and consequences down the road. If you find yourself facing a criminal charge for embezzlement, you should call an experienced criminal defense attorney as soon as you can to represent you.
The criminal defense lawyers at the Joslyn Law Firm understand the seriousness of these cases and that your personal freedom may be on the line. Our legal team can help you make an informed decision in your case and help you work towards the best result possible for you. Our defense team helps clients in Cincinnati, Ohio, and all counties throughout Southwest Ohio, including Warren County, Montgomery County, Greene County, Hamilton County, Butler County, Campbell County, Clermont County, and Brown County.