Embezzlement Defense Attorney : Legal Representation

Prosecutors must establish several key elements to secure a conviction for embezzlement. First, they must prove that you had access to money or property as part of your employment or organizational role. Second, they must demonstrate that you intentionally took that money or property without authorization. Third, they must show that you acted with the specific intent to deprive the owner of the property permanently or to appropriate it for your own use. An embezzlement defense attorney can challenge any of these elements by presenting evidence of innocent explanations, mistaken identity, or lack of criminal intent.

New York Penal Law Section 155 defines larceny, which includes embezzlement. Penalties vary based on the value of the property taken. Grand larceny in the fourth degree applies to property valued at over one thousand dollars and carries up to four years in prison. Grand larceny in the third degree applies to property valued at over three thousand dollars and carries up to five years in prison. More serious charges carry longer sentences. An experienced embezzlement defense attorney will evaluate the specific charge, the amount allegedly taken, and your criminal history to determine the potential exposure and develop an appropriate defense strategy.

One effective defense challenges the prosecution's evidence by questioning the accuracy of financial records, audits, or accounting procedures. Embezzlement cases often rely heavily on forensic accounting and financial analysis, which can contain errors or misinterpretations. An embezzlement defense attorney can hire independent forensic accountants to review the prosecution's findings and identify discrepancies or alternative explanations for missing funds. Another defense strategy involves establishing that you had explicit or implicit authorization to access and use the funds in question. If your employer permitted you to borrow money, or if accounting practices were unclear about fund usage, this authorization defense can be powerful. Additionally, an embezzlement defense attorney may demonstrate that someone else had access to the funds and committed the theft, or that the alleged theft never occurred at all.

Your embezzlement defense attorney will conduct a thorough investigation into the circumstances surrounding the allegations. This includes obtaining all financial records, emails, text messages, and other communications that support your defense. Your attorney will interview witnesses who can testify about your character, your job responsibilities, and the company's financial practices. Expert witnesses, such as forensic accountants or computer specialists, may be necessary to challenge the prosecution's financial analysis or to demonstrate that the alleged embezzlement was technically impossible given the company's systems and controls. Building a comprehensive factual record strengthens your defense and provides leverage in negotiations with prosecutors.

An experienced embezzlement defense attorney files pretrial motions to challenge the prosecution's evidence and legal theories. Motions to suppress may exclude evidence obtained illegally or in violation of your constitutional rights. Motions to dismiss may challenge the sufficiency of the charges or procedural defects. Your attorney also negotiates with prosecutors to explore plea agreements that may result in reduced charges or sentences. In many cases, a favorable plea agreement is preferable to the risks and costs of trial. Your embezzlement defense attorney evaluates all options and advises you on the best course of action based on the strength of the prosecution's case and your personal circumstances. Related practice areas, such as forgery defense attorney representation, also involve similar white collar crime strategies and financial documentation analysis.

A conviction for embezzlement can result in termination of employment, loss of professional licenses, and difficulty finding future employment. Many professions, including accounting, finance, and positions requiring security clearances, impose strict restrictions on individuals convicted of theft or embezzlement. Your embezzlement defense attorney works to minimize these consequences by negotiating favorable outcomes, seeking alternative sentencing options, or pursuing record sealing or expungement when available. Additionally, your former employer may pursue civil litigation to recover the allegedly misappropriated funds. Your attorney can defend against civil claims and negotiate settlements that protect your interests. Understanding these broader impacts helps you make informed decisions about your defense strategy and future planning.

After resolving your embezzlement case, your attorney can advise you on steps to restore your reputation and rebuild your career. This may include seeking record expungement under New York law, which removes the conviction from your criminal history in certain circumstances. Your embezzlement defense attorney can also help you address references, employment applications, and professional licensing requirements as you move forward. Similar considerations apply in other defense contexts, such as stalking defense cases, where collateral consequences extend beyond criminal penalties. Taking proactive steps with experienced legal guidance helps you rebuild your life and career after facing serious criminal charges.