New York Embezzlement Frequently Asked Questions

Embezzlement is a type of theft. It occurs when a person illegally takes property that has been entrusted to that person's care but belongs to another person. For example, the treasurer of an organization transferring money from the organization’s account to his personal account would be theft by embezzlement. Typically, the property involved in embezzlement is money, but can involve other types of property. Embezzlement is considered to be a white collar crime.

The consequences resulting from a larceny conviction based on embezzlement can be varied depending on the severity of the crime and whether it qualifies as a felony or misdemeanor charge. In New York, if the value of property stolen is more than $1000, then the crime is a felony. Otherwise it is a misdemeanor.

The following are some of the possible consequences of a criminal conviction:

• Imprisonment. If the conviction is a misdemeanor the amount of jail time, if any, will be less than one year. If the conviction is a felony, the amount of prison time may be up to 25 years.
• Probation.
• Significant fines and fees
• Restitution
• Loss of occupational or professional licensing

The factors that the court will consider when determining your sentence include:

• The value of the money or property embezzled. The value of the property taken will determine whether the prosecutor charges the defendant with a misdemeanor or a felony, and if a felony, the classification of the felony. The classification of the crime will determine the sentencing guidelines.
• The harm that caused by the person or entity that was the victim of the embezzlement
• Prior criminal history

There are a number of potential defenses that can be used to fight back against charges of embezzlement. One defense is that you did not take the property. Evidence that another person took the property or that the property was not taken at all would support this defense. Another defense is that you took the money for legitimate business purposes. Yet another defense is that you did take the money, but only did so because you were under duress. An example of duress would be that you reasonably believed that you or someone else would be harmed if you did not steal the property.

State embezzlement or theft statues are based on the value of the property stolen. In New York if the amount is a relatively small amount, then the offender will be charged with a misdemeanor and face little to no jail time. If the amount was significant, then the offender will receive significant time in prison. The offender will also be required to pay restitution for the property taken.

If you have been accused of embezzlement and face a charge of felony or misdemeanor larceny, you want to put forward the best defense possible. It is critical that you have experienced representation as early in the case as possible. The skilled criminal attorneys at the Law Offices of Stephen Bilkis & Associates have more than 20 years of experience successfully representing clients in New York charged with felonies and misdemeanors, and have the skill and resources to make sure your legal rights are protected. Contact us at 800.NY.NY.LAW (800.696.9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, Queens, and Westchester County.