Boca Raton Embezzlement Lawyers – Your Guide to Fighting Fraud Charges
Embezzlement charges can ruin careers and destroy lives. If you’ve been accused of embezzlement in Boca Raton, Florida, you need an experienced lawyer on your side. Embezzlement laws are complex; defending yourself requires understanding both criminal and civil liability. This article provides an overview of embezzlement laws in Florida, common defenses, and how an attorney can help.
What is Embezzlement in Florida?
Embezzlement involves stealing or misappropriating funds or property entrusted to your care. It applies to money, assets or property owned by an employer, client, nonprofit, government entity, or other organization.
Florida defines embezzlement under Florida Statute 812.014. It’s charged as grand theft, a felony. Prosecutors must prove:
- You were entrusted with property or funds
- You stole or misappropriated the property or funds
- You intended to deprive the owner of their property or use it for your own benefit
Penalties depend on the value of property stolen. Grand theft of $100,000 or more is a first-degree felony with up to 30 years in prison. Theft between $20,000-$100,000 is a second-degree felony with up to 15 years in prison. Theft less than $20,000 is a third-degree felony with up to 5 years in prison.
Common Defenses Against Embezzlement Charges
Skilled Boca Raton criminal defense attorneys can often get charges reduced or dismissed by challenging the prosecution’s evidence. Common defenses include:
- You lacked criminal intent – The prosecution must prove you knowingly stole funds with intent to deprive the owner. If transactions were accidental or there was confusion over job duties, you may not have criminal intent.
- Unauthorized use, not theft – Using company funds for personal expenses may violate company policy but not necessarily constitute criminal embezzlement. Your attorney can argue you always intended to repay funds.
- No fiduciary relationship – Embezzlement requires a fiduciary relationship where the victim entrusts you with property. Your lawyer may argue no fiduciary relationship existed.
- False accusations – Employees may falsely accuse others of theft to conceal their own embezzlement. Your attorney can probe the accuser’s credibility and motive.
How an Attorney Defends Embezzlement Charges
A skilled embezzlement attorney thoroughly investigates the allegations and builds a strong defense by:
- Examining prosecution evidence – Reviewing documents, financial records and witness statements to identify inconsistencies or lack of criminal intent.
- Conducting a forensic accounting – Reconstructing finances to show the flow of funds and highlight accounting errors.
- Interviewing witnesses – Speaking with anyone with knowledge of the case to understand events from other perspectives.
- Consulting with experts – Retaining accounting experts, private investigators or other professionals to bolster the defense.
- Negotiating with prosecutors – Leveraging weaknesses in the prosecution’s case to get charges dismissed or reduced.
- Gathering exculpatory evidence – Obtaining documents, records and testimony that undermine the prosecution’s version of events.
- Advocating for diversion programs – Arguing for pretrial intervention to avoid a criminal conviction.
Why Hire a Lawyer to Fight Embezzlement Charges?
Navigating embezzlement cases requires understanding complex financial transactions. These cases often come down to witness credibility and technical details. An attorney knows how to build a compelling defense by:
- Thoroughly examining records to identify accounting errors or lack of criminal intent
- Convincing prosecutors to drop or reduce charges by leveraging weaknesses in their case
- Arguing persuasively in court to undermine witness credibility and testimony
- Conveying complex financial details in an understandable way to judge and jury
- Guiding clients through the legal process and protecting their rights
Without an attorney, defendants risk overlooking exonerating evidence or making statements that prosecutors twist against them. An embezzlement conviction carries severe penalties that follow you for life. Before speaking to investigators or prosecutors, retain a lawyer to defend your rights.
Choosing the Right Embezzlement Lawyer in Boca Raton
When selecting a lawyer, seek someone with:
- Extensive experience defending white collar crime and embezzlement cases
- Knowledge of Florida criminal laws and procedures
- Resources to conduct a thorough investigation and build a strong defense
- Negotiation skills to persuade prosecutors to reduce or drop charges
- Trial experience in case negotiation fails and your case goes to court
- Affordable legal fees and payment plans to suit your budget
Schedule consultations with several candidates before deciding who to hire. Meet in person so you can judge their professionalism, knowledge and commitment to defending you.
What to Expect During Your Initial Consultation
Reputable lawyers offer free initial consultations so potential clients can understand their experience and strategy. Come prepared with key documents like:
- Charging documents that explain the allegations
- Financial records related to the alleged theft
- Employment contracts outlining your duties and responsibilities
- Any communication with investigators related to the case
The lawyer will review the facts and explain possible defenses. They will discuss their fees and availability to take your case. This is your chance to assess whether you feel comfortable with their approach. Don’t hesitate to ask questions and expect candid answers.
Boca Raton White Collar Defense Lawyers Can Help
Facing embezzlement charges can be overwhelming. Experienced lawyers know how to get charges dismissed or reduced and avoid the life-long consequences of a conviction. For personalized guidance on building your defense, consult with a Boca Raton embezzlement attorney today.