If you’re trying to get out of embezzlement charges, you need to prepare for a difficult battle. In Oklahoma, embezzlement is a serious legal matter that can have severe consequences, including fines, restitution, and imprisonment. However, there are several legal strategies and defenses that might help you avoid conviction or reduce the penalties. Understanding the nature of embezzlement, the legal process, and potential defenses is crucial for anyone charged with this crime.
What is Embezzlement?
Embezzlement is the fraudulent taking of personal property by someone to whom it was entrusted, typically in an employment or corporate setting. Under Oklahoma law, embezzlement involves the unlawful appropriation of funds or property for personal use, without the consent of the rightful owner. This can include things such as taking office supplies for personal use or falsifying timesheets to say you worked more hours than you did.
Legal Consequences of Embezzlement in Oklahoma
The penalties for embezzlement in Oklahoma vary based on the value of the property or funds embezzled and can classify as either a misdemeanor or a felony. If the value of the property or funds is less than $1,000, it is typically charged as a misdemeanor. This can result in up to one year in county jail as well as fines. However, if the value exceeds $1,000, the charge becomes a felony. Penalties can include significant prison time (ranging from 1 to 10 years), higher fines, mandatory restitution to the victim, and more.
Potential Defenses to Embezzlement Charges
Successfully defending against embezzlement charges requires a strategic approach tailored to the specifics of the case. Common defenses include:
- Lack of Intent: Embezzlement requires intentional wrongdoing. Demonstrating that there was no intent to permanently deprive the owner of the property or funds can be a strong defense. This might involve showing that the accused believed they had a right to the property/funds, or the appropriation was a mistake.
- Authority to Use Funds: If the accused had authority to use the funds or property, it might not constitute embezzlement.
- Absence of Fraud: Embezzlement involves fraudulent activity, so if the prosecution cannot prove that fraudulent actions occurred, the charges may not hold. This might include challenging the evidence of deception or misrepresentation.
- Duress or Coercion: Evidence of threats, coercion, or pressure from another party can be a defense.
- Insufficient Evidence: Challenging the sufficiency and reliability of the evidence presented by the prosecution is a fundamental defense strategy.
Your attorney can look at the case details and create the best defense for your situation.
Legal Process for Embezzlement Charges
There are several steps that an embezzlement case will go through, such as:
- Investigation: Embezzlement cases often begin with an internal investigation, followed by a criminal investigation by law enforcement.
- Arrest and Charges: If law enforcement can find sufficient evidence, the accused may be arrested and formally charged with embezzlement. The charges will detail the nature of the offense and the value of the property or funds involved.
- Pre-Trial Proceedings: Pre-trial activities include arraignment, where the defendant enters a plea, and various motions and hearings to determine the admissibility of evidence and other legal matters.
- Trial: If the case goes to trial, both sides will present evidence and arguments. However, the prosecution must be able to prove beyond a reasonable doubt that the defendant committed embezzlement.
If convicted, the court will impose a sentence based on the severity of the offense, including any aggravating factors.
Tulsa Criminal Embezzlement Lawyers
Embezzlement charges in Oklahoma are serious, with significant legal consequences. However, several potential defenses and strategies can help you avoid conviction or reduce the penalties. Understanding the charges, the legal process, and the available defenses is crucial for anyone facing embezzlement charges. If you’re facing charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.