The crime of embezzlement is charged either as a felony or a misdemeanor. The determining factor is the value of the property that is said to have been embezzled. If the property value is under five hundred dollars the crime is charged as a misdemeanor subjecting the accused to the possibility of up to not more than 1 year in the county jail and fines. For property embezzled that is valued in excess of $500.00, and depending on incremental amounts thereafter, up to $25,000.00 or more, the crime is charged as a felony with differing potential jail sentences and fines depending on its value.
For the State to get a conviction for embezzlement it must prove beyond a reasonable doubt that the accused fraudulently appropriated the property of another who has legally obtained the property and the accused has fraudulently taken this same property for his or her use. The crime is generally considered a crime of entrustment and is often times found in the following situations:
1. A crime of trust when the property was legally given over to the accused and was given over to him for a particular purpose.
2. Crimes involving attorney in fact or powers of attorney where the power exists for the purpose of disposing of property
3. The accused has the property and the property is intended for the use of another person, or the general public’s purpose.
4. The accused has legally acquired money for another and the money collected was diverted for the accused purpose.
Other circumstance may involve rental lease agreements 10 days after the agreement has expired. Additional situations include embezzlement of taxes collected pursuant to a taxing authority and more
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If you’ve been charged with either felony or misdemeanor embezzlement in any court in Oklahoma we can help. Call today and get a free consultation with a criminal defense attorney today.