Embezzlement is a serious white-collar crime that can result in significant and life-altering penalties. If you are being charged with this offense, it is imperative that you understand how New York treats and penalizes these crimes. Continue reading for more information and contact a knowledgeable Rockland County criminal defense attorney to secure the help of a legal professional.
What is Embezzlement in NY?
Embezzlement is generally defined as the fraudulent appropriation or use of property by a person to whom it has been entrusted. The offense involves a trusted individual, like an employee or caretaker, misusing their position to steal funds or use assets for personal gain. The core element of this offense is a breach of trust. The offender has lawful access to the property through their job or relationship with the owner and fraudulently converts or uses the asset for their own use with the intent to deprive the owner.
In New York, embezzlement is not a specific crime. Instead, it falls under larceny, specifically theft through wrongful taking. New York recognizes varying degrees of larceny, including petit larceny and grand larceny in the fourth, third, second, and first degrees. The different offenses are characterized by the value and nature of the property stolen.
What Are the Penalties for an Embezzlement Conviction in NY?
The penalties for an embezzlement or larceny conviction will vary depending on the specific circumstances of the situation. The most influential factor in determining the severity of the offense is the value of the property involved. Consider the following.
Grand larceny in the first degree:
- Involves property exceeding 1 million dollars
- Class B felony
- Up to 25 years in prison
Grand larceny in the second degree:
- Involves property exceeding $50,000
- Class C felony
- Up to 15 years in prison
Grand larceny in the third degree:
- Involves property exceeding $3,000
- Class D felony
- Up to 7 years in prison
Grand larceny in the fourth degree:
- Involves property exceeding $1,000
- Class E felony
- Up to 4 years in prison
Petit larceny:
- Involves property under $1,000
- Class A misdemeanor
- Up to 1 year in jail
A conviction can also result in additional consequences, including hefty fines, victim restitution, the loss of professional licensing, difficulty finding employment, immigration issues, and more.
How Can an Attorney Help?
Hiring a skilled legal team is crucial when facing larceny charges in New York. Your attorney will be able to evaluate the details of your case, poke holes in the prosecution’s argument, and implement an effective defensive strategy. They can determine which defense will work best in your situation, whether it be a lack of intent, a reasonable belief that you had the authority to transfer or use the funds, entrapment, or other strategies.
Gathering and presenting evidence to defend against your charges can be overwhelming, and it is crucial that you follow proper procedures to prevent delays or errors that can seriously impact your case. Reach out to an experienced attorney to discuss your situation and obtain representation today.
