CALL TODAY:

Free Consultation

Embezzlement

an image of a man arrested with handcuffed

San Antonio Embezzlement Lawyers

Embezzlement is wrongfully appropriating funds or property entrusted to one’s care, typically by an individual responsible for managing those assets. This crime commonly occurs in professional settings, where employees or officers can access an organization’s finances and exploit that access for personal gain.

Unlike theft, which involves taking another’s property without permission, embezzlement involves legally accessing the property and diverting it for unauthorized purposes. The diverted assets can be from the employer, clients, or third parties related to the alleged offender’s job. It can also include theft from charities or non-profit organizations. The crime of embezzlement falls under the law criminalizing theft.

Embezzlement is usually considered a white-collar crime. Many instances of embezzlement also involve elements of fraud. The crime carries heavy penalties, including fines and possible incarceration.

Embezzlement is a complex and severe offense with far-reaching consequences. Consulting a skilled attorney familiar with Texas and federal laws is crucial if you are accused of embezzlement. At Flanary Law Firm, PLLC, our competent criminal defense lawyers can guide you through the intricacies of your case, protect your rights, and take all necessary steps to strive for a favorable resolution.

Call (210) 738-8383 or submit our online contact form to schedule a free initial consultation with a San Antonio embezzlement attorney at Flanary Law Firm, PLLC.

Embezzlement in Texas

The Texas Penal Code does not have a specific statute dedicated to embezzlement. However, embezzlement and other similar crimes are consolidated under theft crimes.

Certain elements must be shown for a person to be convicted of embezzlement. Prosecutors must prove beyond a reasonable doubt that the alleged offender appropriated something of value from the true owner without consent. This can be money, goods, or property.

Some common ways a person can commit embezzlement include:

Theft of funds from an employer;
Theft of services or goods from an employer;
Altering company books in some way to conceal income to the alleged offender’s employer; or
Transferring funds from a corporate account of the alleged offender’s employer to their personal bank account.

Embezzlement Penalties in San Antonio

The penalties for embezzlement depend on the amount of money involved. If the value of the property embezzled is less than $100, the crime is a Class C misdemeanor, punishable by a fine of up to $500.

The crime of embezzlement is a Class B misdemeanor if the alleged offender does any of the following:

The property embezzled is $100 or more but less than $750;
The property embezzled is less than $100, and the alleged offender has a previous conviction for any grade of theft; or
The property embezzled is a driver’s license, commercial driver’s license, or personal identification certificate.

The penalty for a Class B misdemeanor is up to 180 days in jail and a possible fine of up to $2,000.

The alleged offender will face a Class A misdemeanor if the embezzled property or money is $750 or more but less than $2,500. The penalty for a Class A misdemeanor is up to 12 months in jail and a possible fine of up to $4,000.

An embezzlement offense is a state jail felony in the following circumstances:

If the property embezzled is $2,500 or more but less than $3,000;
The property is less than 10 heads of sheep, swine, or goats or any part thereof under the value of $30,000;
If the property is stolen from the person of another or a human corpse or grave, regardless of value;
If the property embezzled is a firearm;
If the value of the property embezzled is less than $2,500 and the alleged offender has been previously convicted twice or more of any grade of theft;
If the property embezzled is an official ballot or official carrier envelope for an election;
If the property embezzled is less than $20,000 and the property is aluminum, bronze, copper, or brass.

The legal consequences for a state jail felony include up to 24 months in jail and a possible fine of up to $10,000.

An embezzlement crime is a third-degree felony in the following circumstances:

If the value of the property embezzled is $30,000 or more but less than $150,000;
If the property is cattle, horses, or exotic livestock or fowl embezzled during a single transaction and having an aggregate value of less than $150,000;
If the property is 10 or more head of sheep, swine, or goats embezzled during a single transaction and has an aggregate value of less than $150,000.

The legal punishment for a third-degree felony is up to five years in prison and a possible fine of up to $10,000.

Embezzlement is a second-degree felony in the following:

If the property embezzled valued at $150,000 or more but less than $30,000; or
If the property embezzled values less than $300,000 and the property embezzled is an automated teller machine or the contents or components of an automated teller machine.

A felony of the second degree is punishable by up to 20 years in prison and a possible fine of up to $10,000.

If a person embezzles property valued at $300,000 or more, they will face a first-degree felony punishable by up to 99 years or life imprisonment and a possible fine of up to $10,000.

Aggravating Factors for Embezzlement

The crime of embezzlement can have enhanced penalties.

The punishment is increased to the next higher category of offense if the alleged offender’s crime involves any of the following factors:

The alleged offender was in a contractual relationship with the government at the time of the offense. The property embezzled must have come into the alleged offender’s custody by the contractual relationship;
The owner of the property appropriated was an elderly individual or a nonprofit organization;
The alleged offender was a public servant at the time of the offense. The property embezzled must have been by the alleged offender’s status as a public servant;
The alleged offender was a Medicare provider in a contractual relationship with the federal government at the time of the offense. The property embezzled must have come into the custody of the alleged offender under the contractual relationship;
During the commission of the alleged offense, the alleged offenders intentionally, knowingly, or recklessly caused a fire exit alarm to sound. This also includes activating or deactivating a fire exit alarm or retail theft detector from sounding.

When Embezzlement Is a Federal Crime

Embezzlement can be considered a federal crime if it involves federal funds, crosses state lines, or impacts federally insured financial institutions.

Examples include:

Embezzling government grants or funds allocated for federal projects.
Diverting pension fund assets governed by federal regulations.
Misappropriating funds from federal programs like Medicare or Medicaid.

Federal embezzlement charges carry severe penalties, often involving significant fines and long-term imprisonment. The involvement of federal agencies like the FBI or the Department of Justice further complicates these cases, making skilled legal representation indispensable.

Statute of Limitations on Embezzlement in Texas

The statute of limitations for embezzlement in Texas generally provides a five-year window from the date the crime occurred to bring charges against the accused.

However, certain factors can influence this timeline. If the embezzlement was not immediately discovered, the statute might begin at the point of discovery. In cases where the embezzlement involved ongoing or repeated actions, the statute of limitations might extend to the last act of embezzlement.

Understanding the statute of limitations is critical for both the prosecution and defense, as it can impact the ability to pursue charges and accumulate evidence over time.

Why Choose Flanary Law Firm, PLLC?

If you or someone you know has been charged with embezzlement, obtaining trusted legal representation is in your best interest. An experienced attorney can file motions, suppress evidence, and use various techniques to try and reduce or dismiss your case.

Our team is a determined group of professionals focusing on criminal defense. When it comes to your future, do not hesitate. Our San Antonio embezzlement attorneys are experienced and knowledgeable about Texas and federal theft laws.

We defend those accused in the Bexar County area, including Kendall County, Medina County, Guadalupe County, and Gonzales County.

Book a free case review by contacting us at (210) 738-8383.

Get Started

Call (210) 738-8383 for fill out the form below and request a free consultation.

Hear From
Our Clients

I was looking for a criminal defense attorney on the internet and am so happy I found Attorney Flanary. He reviewed our case for unlawful weapon carry for my son. He said that the weapon that was holstered was not in plain view and there shouldn’t have been an arrest. At the arraignment the case was dismissed. My 19 year old son did not even have to stand before the judge for the arraignment. I was completely pleased with the outcome. Thank you Don Flanary for taking care of our son.

Gerrie P.

Reviewed
on Google