New York Embezzlement Frequently Asked Questions
Embezzlement is a type of larceny. It occurs when a person illegally takes property that has been entrusted to that person's care, but belongs to another person. Typically the property involved in embezzlement is money, but can involve other types of property. For example, the treasurer of an organization transferring money from the organization’s account to his personal account would be larceny by embezzlement. Embezzlement is considered to be a white collar crime.What are the possible consequences of a robbery conviction in New York?
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.
- Significant fines and fees
- 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.
- Did not take the property. The defendant produces evidence that the property was not embezzled at all, or that he or she was not the person who did the stealing and was not in any other way involved in the crime.
- Took the money for legitimate business purposes. The defendant produces evidence that he or she took the money not for personal gain, but for legitimate and authorized business purposes.
- Duress. The defendant believed that he or someone else would be harmed if he did not steal the property.
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.