Knoxville Embezzlement Lawyer

Tennessee Embezzlement Laws & Prison Sentence

Embezzlement is a type of property theft that is committed when an individual who was entrusted to manage or monitor someone else's property or money, steals all or some of that property or money for their own personal use. 

While the defendant had legal access to the other individuals' property or money, they did not have legal ownership of it. This is a white collar crime that is usually committed by individuals in corporate settings with access to large amounts of money. Rather than just being referred to as a theft crime, embezzlement involves violating a special position of trust for the purpose of personal gain.

Don’t wait—schedule a free consultation with our Knoxville embezzlement lawyer today. Call us at (865) 896-9971 or contact us online to start building your defense.

Is Embezzlement a Type of Theft?

Embezzlement is a type of financial fraud and theft that occurs when a person, typically an employee or someone entrusted with managing money or property, unlawfully takes or misappropriates funds or property that have been entrusted to them. 

Unlike robbery or theft, which involve taking property without permission, embezzlement involves the fraudulent conversion of property that is already in the individual's possession lawfully due to their position of trust.

Key elements of embezzlement typically include:

• Relationship of Trust: The perpetrator must have a relationship of trust with the victim, such as being an employee, agent, or trustee.
• Fraudulent Intent: The individual must have the intent to deprive the owner of the property or funds. This can include taking the property for personal use, transferring it to another person or account, or otherwise using it in a manner inconsistent with the owner's wishes.
• Actual Conversion: There must be an actual conversion of the property or funds, meaning that the perpetrator takes control of the property or funds for their own use or benefit.

Embezzlement can involve various forms of property, including money, goods, or other valuable assets. It is considered a form of white-collar crime and can result in serious legal consequences, including criminal charges and potential imprisonment, depending on the amount of money or value of the property involved and the laws of the jurisdiction.

Is Embezzlement a Felony in Tennessee?

In Tennessee, embezzling any property or services valued at $500 or more is a felony. Depending on the value of assets appropriated, embezzlement can carry anywhere from a Class A misdemeanor charge to a Class B felony charge, with jail sentences ranging from up to 11 months of incarceration up to 30 years and fines ranging from $2,500 to $25,000.

It is crucial to have an experienced Knoxville white collar crime attorney protecting your rights if you've been charged with embezzlement in Tennessee; we can mount the best defense and help limit any penalties associated with embezzlement charges.

What is the Punishment for Embezzlement?

The penalties for embezzling money or property with the following values are as follows:

• Theft of Property Under $1,000: This is typically considered a Class A misdemeanor and can result in a sentence of up to 11 months and 29 days in jail, along with possible fines.
• Theft of Property Between $1,000 and $10,000: This is classified as a Class D felony, which can carry penalties of 2 to 12 years in prison and fines up to $5,000.
• Theft of Property Between $10,000 and $60,000: A Class C felony, punishable by 3 to 15 years in prison and fines up to $10,000.
• Theft of Property Over $60,000: If the value exceeds $60,000, embezzlement is charged as a Class B felony, with potential penalties of 8 to 30 years in prison and fines up to $25,000.

At the Law Office of Joseph A. Fanduzz, our team is dedicated to providing reliable defense and aggressive representation for individuals who are facing charges for embezzlement and other crimes. 

We recognize how stressful it is to not know what your future may hold. This is why we encourage you to reach out to our Knoxville criminal defense attorney as soon as possible after you have been charged. We will utilize our vast trial and negotiation experience to help you get you the results you want.

Have you been accused of committing embezzlement? Act fast by giving our firm a call today at (865) 896-9971! Our embezzlement attorneys in Knoxville are available 24/7.

What are the Consequences of a Conviction?

A conviction for embezzlement in Tennessee can have life-altering consequences. Besides the criminal penalties, you may face:

• Employment Consequences: A criminal conviction for embezzlement can make it difficult to find or keep a job, particularly if you work in finance, accounting, or other fiduciary positions.
• Reputation Damage: Being convicted of embezzlement can severely damage your personal and professional reputation, making it harder to regain trust or maintain relationships.
• Civil Liability: In addition to criminal penalties, you may also be subject to civil liability. The victim of the embezzlement may sue for damages, requiring you to repay the stolen funds and potentially additional financial penalties.

Given the severe consequences of a conviction, it is essential to have a strong defense strategy in place. A skilled Knoxville embezzlement attorney will work tirelessly to protect your interests and help minimize the potential penalties you may face.

What is the Best Defense Against Embezzlement?

When facing embezzlement charges, several defenses may be available to challenge the allegations. A Knoxville embezzlement lawyer can assess your case and develop a defense strategy based on the specific circumstances. 

Common defenses include demonstrating a lack of intent to steal, proving you had permission to use the funds, or showing insufficient evidence to support the charges. In some cases, defenses like entrapment or mistake of fact may apply, where you were misled or misunderstood the situation, respectively.

Additionally, financial stress or pressure can sometimes play a role in the alleged embezzlement. While not a defense in itself, explaining personal circumstances such as financial hardship might help reduce the severity of the charges or penalties. 

How to Deal With Embezzlement?

Building a strong defense against embezzlement charges requires thorough investigation. An experienced Knoxville embezzlement lawyer will conduct a detailed review of the case, including:

• Reviewing Financial Records: Examining financial documents, bank statements, and accounting records is crucial in identifying discrepancies, mistakes, or patterns that could support your defense.
• Interviewing Witnesses: Your lawyer may speak with colleagues, employers, or others who can provide insight into your relationship with the company, your access to funds, and your intentions.
• Examining Your Work Environment: If there were inadequate controls or oversight in the workplace, your attorney might argue that you were not properly trained or that others were also responsible for the misappropriation of funds.
• Exploring Alternative Motives: In some cases, an embezzlement accusation may stem from personal conflicts or misunderstandings. Your attorney can explore the motives of others involved in the case to uncover possible reasons for the allegations.

Set Up Your Free Consultation Today!

With such serious penalties, it is important that you contact our firm as soon as possible after you have been charged with embezzlement. The sooner you retain our services, the sooner we can begin gathering all information and working to build the strongest defense possible. Regardless of how serious your situation may seem, you can trust that we will do everything in our power to see that your best interests are upheld.

With so much at stake, it is essential that you do not waste any time. Contact our firm immediately to face your charges with confidence. We stand ready to fight for you, no matter how complex your situation may seem.

If you are interested in scheduling a free initial consultation with our Knoxville embezzlement lawyer, call us today (865) 896-9971!