For those who may be facing embezzlement charges in Texas, you may have a lot of questions. Primary among those questions are the types of penalties you may face if convicted, and the best ways to defend against these charges.
As a white collar crime, embezzlement may not seem that serious. However, it’s a crime taken very seriously in Texas, a position reflected by state law and the penalties associated with a guilty verdict. Plus, you read about people being charged with embezzlement arather
frequently – and that should tell you what you need to know about how Texas prosecutors view this crime.
If you face embezzlement charges, read on to learn more about this crime, how it’s penalized, and the common defenses against it.
In Texas, embezzlement is the appropriation of the property of another with the intent to deprive them of it or defraud them. This is a broad definition. It can include everything from employees taking cash from the register at their job to more complicated investment schemes where employees skim money from clients’ accounts over a long period of time. But at its most basic, embezzlement is a crime where someone in charge of handling goods or assets takes those things for their own gain.
In Texas, there’s no specific statute that addresses embezzlement. Under the law, embezzlement is considered an act of theft. You can be charged with embezzlement by prosecutors as either a misdemeanor crime or a felony. The level of crime you get charged with depends on the value of the property taken. Here is the breakdown:
When the goods or cash taken have a value of less than $100. The penalty if convicted of this is a fine of $500.
When the goods or cash stolen is valued between $100 and $750. However, if you have a previous theft conviction, you can be charged with this level of crime for goods or cash valued at less than $100. Conviction includes up to six months in jail and fines of as much as $2,000.
This is charged for stolen goods and cash valued between $750 and $2,500. Conviction carries a jail sentence of up to 12 months and fines up to $4,000.
This is charged for goods or cash valued between $2,500 and $30,000. You can be sent to a Texas state jail for up to two years and be fined up to $10,000.
The cash or goods is valued at between $30.000 and $150,000. You may serve up to 10 years in prison and pay fines of $10,000 if convicted.
Charged when stolen goods or cash is valued between $150,000 and $300,000. Carries a prison sentence of as much as 20 years well as the requirement to pay fines up to $10,000.
Charged for goods or cash valued at more than $300,000. This has the harshest prison sentence connected with it – up to 99 years – as well as up to $10,000 in fines.
In order to be charged with embezzlement, there are a few conditions that must be met.
For a defense against embezzlement to be successful, one of the above elements has to be disproven. This is frequently done in a few ways, though the particular circumstances surrounding your case will inform which is the best defense to use:
If you seriously believed someone was in danger of harm if you didn’t act to commit a crime, that’s a solid defense.
This can be a workable defense if you were compelled by the government to commit the crime.
If you didn’t intend to take the property or money, that’s a good defense too.
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