If you are facing allegations of embezzlement, you need a Louisville embezzlement lawyer at Suhre & Associates, LLC. Our criminal defense attorneys have helped countless people accused of stealing money or property from their employer, clients, or the government.
When prosecutors decide to issue embezzlement charges they have already made up their mind — they want you behind bars. Do not make the mistake of trying to talk your way out of it, or thinking this will just go away. You need aggressive legal representation watching out for your best interest.
How Can Suhre & Associates, LLC Help With Embezzlement Charges in Louisville?
Embezzlement charges are serious. Prosecutors prosecute this white-collar crime aggressively, which means you need equally aggressive legal representation. Our Louisville embezzlement lawyers can provide the defense you need for a fair outcome.
Our legal team at Suhre & Associates, LLC has over a century of combined experience in criminal defense. We know how to use our resources and skills to get the prosecution to play fair in your case.
While every case requires a different approach, some actions we may take in your case include:
- Asserting your right to remain silent
- Dispatching an investigator of our own
- Working with accounting or financial experts
- Filing motions to suppress evidence
- Negotiating for a dismissal or reduction in charges
- Fighting your case at trial
You probably feel completely alone facing your embezzlement charges. When you hire us, you won’t feel that way anymore. Suhre & Associates, LLC will fight for you every step of the way. Contact us today for a free case review with a Louisville criminal defense attorney.
What are the Elements of Embezzlement in Kentucky?
Embezzlement is typically considered the white-collar version of theft and is defined as using a position of trust to steal. Positions of trust typically occur in the workplace, whether in private industry or for the government. Abusing any position of trust for unlawful financial gain can lead to embezzlement charges.
Embezzlement in Kentucky can be charged many different ways. The elements of your unique embezzlement charges will vary depending on the criminal statute prosecutors allege you violated.
Employees and other fiduciaries are most at risk of catching embezzlement charges because they are in positions of trust relative to their employer, the government, clients, or even loved ones.
The most common ways embezzlement is charged in Louisville, Kentucky, are:
- Theft By Deception, KRS 514.040
- Theft By Unlawful Taking, KRS 514.030
- Theft By Failure to Make Required Disposition of Property, KRS 514.070
- Abuse of Public Trust, KRS 522.050
- Falsifying Business Records, KRS 517.050
The catch-all embezzlement statute which can be charged in the broadest type of circumstances is Theft By Unlawful Taking.
This crime has four elements the state must prove:
- The Defendant
- Took or exercised control of property of another
- With intent to deprive them
- The dollar value of the property
The penalty goes up as the value of the allegedly stolen property increases. For instance, under this statute, embezzlement under $1000 is a misdemeanor, but theft over $1000 becomes a felony with different levels of punishment.
Sometimes embezzlement leads to more than one criminal charge. For instance, there could be a situation in which Theft is charged along with Falsifying Business Records if this was done to facilitate the theft. Tax evasion charges for underreporting income are also always on the table in embezzlement cases.
In any case, embezzlement charges need to be taken extremely seriously. Prison time, extensive community supervision, and a criminal record are all on the table.
Our criminal defense lawyers will pour over every facet of your case with a fine toothed comb as we fight to prove your innocence. Our team of former prosecutors and police officers know how to spot missteps by police and use them to your advantage.
What are the Penalties for an Embezzlement Conviction?
The possible penalties for embezzlement charges in Louisville, Kentucky, vary greatly depending on the specific criminal statute charged in your case. Additionally, the dollar value of property involved greatly impacts the severity of the crime.
The penalties for every single embezzlement statute are too numerous to list here. You will need to work closely with your attorney to determine the minimum and maximum penalties that you are facing.
The penalties for the typical embezzlement statute, Theft By Unlawful Taking, help illustrate the types of penalties that are on the table.
Similar to other embezzlement crimes, the penalty is set by dollar value as follows:
|Dollar Value Embezzled||Classification||Possible Period of Incarceration|
|$500 – $1000||Class A Misdemeanor||Up to 12 months jail|
|$1000 – $10,000||Class D Felony||1 – 5 years prison|
|$10,000 – $1,000,000||Class C Felony||5 – 10 years prison|
|$1,000,000 +||Class B Felony||10 – 20 years prison|
Prior convictions can also impact the severity of the penalty if convicted. Other penalties can include fines, payment of restitution (repaying stolen property), and community supervision.
Suhre & Associates, LLC understands how scary these penalties are to you, which is why we have dedicated our entire careers to fighting for those accused of crimes. When your reputation and freedom are on the line, we give everything we’ve got to fight for you.
What Defenses are Available to Embezzlement Charges in Louisville?
Every single case requires a unique approach depending on the unique allegations and charges you are facing. Some defense strategies that may be available in any given embezzlement case include:
- Finding a different perpetrator who framed you
- Establishing negligence instead of intentional misconduct
- Proving that the State violated your Fourth Amendment rights
- Proving that the State violated your Fifth Amendment rights
- Showing that the State cannot prove all elements beyond a reasonable doubt
Sometimes, in professional or government settings, the wrong person is charged with embezzlement. Many people could potentially have access to the books to siphon funds into their own pocket when no one is looking. This is where investigators and accounting experts can be useful.
Other times, an innocent accounting mistake can lead to baseless allegations of criminal conduct. Intent is almost always an element of embezzlement charges. If money was accidentally mismanaged, the state can’t prove a key element of their case.
You should never try to build a defense by yourself. You need to work closely with a criminal defense lawyer in order to avoid incriminating yourself. Our team will work with investigators to help prove your innocence and talk to the prosecutors so you don’t need to.
If the government violated your Fourth Amendment (Searches and Seizures) or Fifth Amendment (Miranda Rights), our investigation will uncover it. When we find out your rights were violated, we can file motions to suppress evidence that can lead to the judge throwing evidence out of court.
Getting evidence tossed out of court weakens the State’s ability to prove their case. Suhre & Associates, LLC understands that cases are often won and lost in the tiny details. This is why we pride ourselves on giving each case the time and attention it deserves. This is the only way to ensure a thorough defense.
Contact Suhre & Associates, LLC Today For a Free Consultation
Louisville embezzlement lawyers at Suhre & Associates, LLC have the experience and aggression that you need on your team for the most important fight of your life. We know how to negotiate with prosecutors for a favorable resolution and can take your case to the jury if need be.
You need someone in your corner asserting all your constitutional rights and working with the right investigators and experts to build your defense. Contact Suhre & Associates, LLC today for your free consultation, and get started on your defense.