Tucson Embezzlement Defense Lawyer

Tucson Criminal Defense Attorney Explains Embezzlement Laws

Embezzlement defense can be complex, and the consequences can be severe.

Embezzlement is a specific kind of theft crime, where the defendant had lawful possession of the stolen property, but then takes the property for their own personal gain.  Most often, embezzlement is charged in the context of employment, where an employee has lawful control of an employers money or property, and then converts the property to be there own, by retaining physical possession, transferring the property to a different account, etc.  A non-violent, white collar crime, Embezzlement is still aggressively prosecuted, and very harshly punished.  A defendant who has been entrusted to hold, manage, or otherwise possess another person's property can be wrongfully charged with embezzlement if property goes missing, or even with accounting errors.  White collar crime defense requires a strong understanding of accounting practices, superb attention to detail, and usually is very time consuming.  If you or a loved one has been charged with embezzlement, whether in state or federal court, contact the Tucson Defenders to discuss your case with a Tucson Criminal Defense Attorney.  Consultations are free, confidential, and no obligation. 

ARIZONA EMBEZZLEMENT LAW
Under Arizona law, embezzlement is classified based on the value of the property alleged to have been embezzled. 

• Embezzlement of property or money worth $25,000 or more is a Class 2 felony in Arizona.  As a first offense, this means it is punishable by a minimum of 4 years, and a maximum of 12.5 years. 
• Embezzlement of property worth $4,000 or more, but less than $25,000, is a Class 3 felony, still quite serious, and punishable by 2.5 years to 8.75 years in prison. 
• Embezzlement of property worth $3,000 or more, but less than $4,000, or a vehicle engine or transmission (regardless of value) is a Class 4 felony, punishable by 1.5 years to 3.75 years.
• Embezzlement of property worth $2,000 or more, but less than $3,000 is a Class 5 felony, punishable by a minimum of 9 months, and maximum of 1.5 years in prison.
• Embezzlement of property worth $1,000 or more, but less than $2,000, or a firearm or animal (regardless of value) is a Class 6 felony, punishable by a minimum of 6 months, to a maximum of 1 year.
• Embezzlement of property worth less than $1,000 is a Class 1 misdemeanor, punishable by a maximum of 6 months, as well as three years of probation, and a fine of up to $2,500 plus surcharges.

Penalties are enhanced for offenders with eligible prior felony convictions.  Additionally, fines, restitution, and other conditions will be assessed upon a conviction for embezzlement.  Embezzlement is generally going to be eligible for a probation sentence, so having strong representation can make a big difference.

FEDERAL EMBEZZLEMENT CASES
Although the most commonly discussed kind of embezzlement case (theft by employee) is typically handled in state court, certain types of embezzlement will be filed in federal court, as violations of federal criminal law.  Some examples of federal embezzlement cases include: embezzlement of public property/funds/records, tools/materials for counterfeiting purposes, US government employee or officer converting funds, embezzlement by bank officers/employees, embezzlement of interstate/foreign shipments, embezzlement involving lending/credit/insurance institutions, theft or embezzlement in connection with health care, theft of major artwork, and more. 

EMBEZZLEMENT DEFENSES
Each case is different, and determining the best defenses available in a particular case requires a careful examination of the evidence, as well as thorough investigation.  Some of the more common defenses in an embezzlement case include: 

• Mistake of Fact (defendant thought they had a right to take the property),
• Mistaken Identity (someone else embezzled the money),
• False Accusation (property owner is fabricating the theft),
• Consent (defendant had permission to take the property),
• Lack of Intent to Permanently Deprive (intending to return money/property),
• Constitutional Rights Violations (unlawful search or interrogation),
• Challenging Value/Amount (can result in drastically reduced penalties)and more

and more.

RELATED OFFENSES
Theft Crimes, Federal Crimes, Money Laundering Crimes, Fraud Crimes, Auto Theft Charges, Burglary,
Shoplifting, and more.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED, OR ACCUSED OF EMBEZZLEMENT OR OTHER KINDS OF WHITE COLLAR OR THEFT CRIMES, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

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US District Court - Arizona (Tucson)
Federal Embezzlement Statutes (18 USC Ch 31)
US DOJ Embezzlement Info

Pima County Superior Court
Arizona Theft Classifications (ARS 13-1802)
Arizona Theft Definitions (ARS 13-1801)