At Varghese & Associates, P.C., we understand the complexities and challenges of embezzlement charges in New York. Our team of dedicated New York embezzlement defense lawyers is committed to providing robust legal representation for individuals facing these serious allegations. With years of experience handling white-collar crime cases, we have the knowledge and skills to navigate the intricacies of embezzlement law and build strong defenses for our clients. Contact us today for robust criminal defense.

What is Embezzlement in New York?

Embezzlement is a form of theft that occurs when someone entrusted with money or property misappropriates it for their personal use. In New York, embezzlement falls under the broader category of larceny and is treated as a serious offense. The severity of the charges and potential penalties depend on various factors, including the amount of money or value of property involved, the duration of the alleged embezzlement, and the defendant's position of trust.

Classification of Embezzlement Charges

In New York, embezzlement falls under the broader category of larceny and is classified based on the value of the property or money misappropriated:

• Petit Larceny (misdemeanor): Property value up to $1,000
• Grand Larceny in the Fourth Degree: Property value between $1,000 and $3,000
• Grand Larceny in the Third Degree: Property value between $3,000 and $50,000
• Grand Larceny in the Second Degree: Property value between $50,000 and $1 million
• Grand Larceny in the First Degree: Property value exceeding $1 million

Penalties of an Embezzlement Conviction in New York

As New York embezzlement defense attorneys, we work tirelessly to help our clients avoid or minimize these penalties:

Incarceration

• Petit Larceny: Up to 1 year in jail
• Fourth Degree Grand Larceny: Up to 4 years in prison
• Third Degree Grand Larceny: Up to 7 years in prison
• Second Degree Grand Larceny: Up to 15 years in prison
• First Degree Grand Larceny: Up to 25 years in prison

Fines

The court may impose fines up to double the amount of the defendant's gain from the crime.

Restitution

The defendant may be ordered to repay the full amount embezzled to the victim.

Probation

In some cases, especially for first-time offenders, probation may be imposed instead of or in addition to jail time.

Criminal Record

A conviction results in a permanent criminal record, which can have long-lasting consequences.

Additional Embezzlement Consequences

Beyond the legal penalties, an embezzlement conviction can have far-reaching effects on various aspects of your life:

• Professional Licenses: Many professional licenses can be suspended or revoked following an embezzlement conviction.
• Employment Opportunities: A criminal record can significantly limit future job prospects, especially in fields involving finance or positions of trust.
• Reputation Damage: Embezzlement convictions often result in severe damage to personal and professional reputations.
• Financial Impact: Besides fines and restitution, a conviction can lead to difficulty obtaining loans, credit, or housing.
• Immigration Status: For non-citizens, an embezzlement conviction could lead to deportation or inadmissibility.
• Civil Liability: In addition to criminal penalties, you may face civil lawsuits from the victims of the embezzlement.

How a New York Embezzlement Defense Lawyer Can Help

At Varghese & Associates, P.C., our team of New York embezzlement defense lawyers understands the critical role we play in protecting our clients' rights and futures. When you're facing embezzlement charges, having a skilled attorney by your side can make a significant difference in the outcome of your case. Here's how our New York embezzlement defense attorneys can assist you:

Embezzlement Defense Case Evaluation and Strategic Planning

As your legal representatives, we begin by thoroughly evaluating your case. This involves:

• Reviewing all evidence presented by the prosecution
• Analyzing financial records and transactions
• Identifying potential weaknesses in the state's case
• Assessing the strength of witness testimonies

Based on this comprehensive analysis, we develop a tailored defense strategy that addresses the specific nuances of your case. Our goal is to create a robust plan that maximizes your chances of a favorable outcome.

Protection of Your Constitutional Rights After Embezzlement Charges

One of our primary responsibilities as your New York embezzlement defense lawyers is to protect your constitutional rights throughout the legal process. This includes:

• Scrutinizing the methods used to obtain evidence against you
• Ensuring that all interrogations and questioning were conducted legally
• Challenging any violations of your Fourth Amendment rights against unreasonable searches and seizures
• Protecting your Fifth Amendment right against self-incrimination

If we identify any constitutional violations, we can file motions to suppress evidence or dismiss charges, potentially weakening the prosecution's case against you.

Embezzlement Charge Negotiation with Prosecutors

As experienced white-collar crime lawyers, we have established relationships with prosecutors and understand their approach to embezzlement cases. This allows us to engage in effective negotiations on your behalf. We may be able to:

• Negotiate for reduced charges
• Seek alternative sentencing options
• Arrange plea bargains that minimize penalties
• In some cases, convince prosecutors to drop charges altogether

Our goal in these negotiations is always to achieve the best possible outcome for you, taking into account both the legal consequences and the impact on your personal and professional life.

Building a Strong Embezzlement Defense

Our team at Varghese & Associates, P.C. excels at constructing powerful defenses against embezzlement charges. We may:

• Gather exculpatory evidence that supports your innocence
• Identify and interview key witnesses
• Consult with financial experts to challenge the prosecution's claims
• Develop alternative explanations for financial discrepancies
• Demonstrate lack of criminal intent, if applicable

By building a comprehensive and compelling defense, we aim to create reasonable doubt in the minds of jurors or convince prosecutors that their case is not strong enough to proceed to trial.

Embezzlement Defense Courtroom Representation

If your case goes to trial, you can count on our New York embezzlement defense attorneys to provide vigorous representation in the courtroom. Our litigation experience includes:

• Delivering persuasive opening and closing arguments
• Skillfully cross-examining prosecution witnesses
• Presenting defense witnesses effectively
• Objecting to improper evidence or testimony
• Arguing legal points to the judge

Our goal is to present your case in the most favorable light possible, challenging the prosecution's narrative and advocating strongly for your acquittal.

Mitigation of Embezzlement Conviction Penalties

In the event of a conviction, our role as your New York embezzlement defense lawyer doesn't end. We work diligently to minimize the penalties you face. This may involve:

• Presenting mitigating factors to the court
• Arguing for reduced sentences
• Exploring alternatives to incarceration
• Negotiating restitution arrangements
• Advising on strategies to protect your professional licenses

Our aim is to help you move forward with your life, even in the face of a conviction.

Post-Conviction Assistance

Our support extends beyond the trial and sentencing phases. If necessary, we can assist with:

• Filing appeals to challenge convictions or sentences
• Seeking post-conviction relief
• Advising on strategies for professional reinstatement
• Guiding you through the process of rebuilding your life and career

At Varghese & Associates, P.C., we understand that an embezzlement charge can be a life-altering event. As your New York embezzlement defense attorneys, we're committed to standing by your side throughout the entire legal process and beyond. Our comprehensive approach to embezzlement defense is designed to protect your rights, preserve your freedom, and safeguard your future.

Common Defenses in Embezzlement Cases

As New York embezzlement defense lawyers, we employ a range of defense strategies depending on the circumstances of each case. Some common defenses include:

• Lack of Intent: Demonstrating that the alleged misappropriation was unintentional or due to a misunderstanding.
• Consent: Proving that the rightful owner of the funds or property gave permission for their use.
• Entrapment: Showing that law enforcement induced the defendant to commit a crime they would not have otherwise committed.
• Insufficient Evidence: Challenging the prosecution's evidence as inadequate to prove guilt beyond a reasonable doubt.
• Statute of Limitations: Arguing that the time limit for bringing charges has expired.
• Good Faith Belief: Establishing that the defendant genuinely believed they had the right to use the funds or property in question.

Our team at Varghese & Associates, P.C. carefully evaluates each case to determine the most effective defense strategy for our clients.

The Legal Process in New York Embezzlement Cases

Understanding the legal process is crucial when facing embezzlement charges. As your New York embezzlement defense attorneys, we guide you through each stage:

• Investigation: We conduct our own investigation to gather evidence and prepare for potential charges.
• Arraignment: If charged, you will appear in court to hear the formal charges and enter a plea.
• Pre-Trial Motions: We may file motions to suppress evidence or dismiss charges based on legal grounds.
• Plea Bargaining: Negotiations with prosecutors may occur to resolve the case without going to trial.
• Trial: If necessary, we will vigorously defend you in court, challenging the prosecution's case and presenting evidence in your favor.
• Sentencing: If convicted, we advocate for the most favorable sentencing outcome possible.
• Appeals: When appropriate, we can pursue appeals to challenge convictions or sentences.

Why Choose Varghese & Associates, P.C.

When you're facing embezzlement charges in New York, choosing the right legal representation is crucial. Here's why Varghese & Associates, P.C. stands out:

• Focused Experience: Our practice concentrates on white-collar crimes, including embezzlement, giving us in-depth knowledge of this area of law.
• Proven Track Record: We have successfully defended numerous clients against embezzlement charges, achieving favorable outcomes through negotiation and litigation.
• Personalized Attention: We understand that every case is unique. Our New York embezzlement defense lawyers provide individualized strategies tailored to your specific situation.
• Comprehensive Support: We offer support beyond legal representation, helping you navigate the personal and professional challenges that come with embezzlement allegations.
• Strategic Approach: Our team combines legal acumen with strategic thinking to develop defense strategies that address both immediate concerns and long-term implications.
• Clear Communication: We keep you informed at every stage of the process, explaining complex legal concepts in understandable terms.

Contact a New York Embezzlement Defense Lawyer Today

If you're facing embezzlement charges in New York, time is of the essence. The sooner you secure legal representation, the better positioned you'll be to mount a strong defense. At Varghese & Associates, P.C., we're ready to put our knowledge and experience to work for you. Contact us today.

New York Embezzlement Defense Lawyer FAQs

At Varghese & Associates, P.C., we understand that facing embezzlement charges can be overwhelming and confusing. As experienced New York embezzlement attorneys, we're here to answer your questions and provide clarity. Here are some frequently asked questions about embezzlement in New York:

What's the difference between embezzlement and theft?

While both embezzlement and theft involve taking property that doesn't belong to you, embezzlement specifically refers to misappropriation of assets by someone in a position of trust or responsibility. For instance, an employee taking money from their employer's accounts would be embezzlement, while shoplifting would be considered theft.

Can embezzlement charges be brought if I intended to return the money?

Yes, even if you intend to return the money, you can still face embezzlement charges. The act of taking or misusing the funds without permission is what constitutes embezzlement. As your New York embezzlement defense lawyers, we would work to demonstrate your intent to repay as a mitigating factor in your case.

What if I was falsely accused of embezzlement?

False accusations of embezzlement do happen, often due to misunderstandings or accounting errors. If you've been falsely accused, contacting a New York embezzlement attorney is crucial. We can help gather evidence to prove your innocence and protect your rights throughout the investigation and legal process.

How long does the state have to bring embezzlement charges?

In New York, the statute of limitations for embezzlement varies depending on the amount involved:

• For amounts less than $1,000 (Petit Larceny): 2 years
• For amounts $1,000 or more (Grand Larceny): 5 years

However, the time limit may be extended in certain circumstances, such as if the embezzlement was part of an ongoing scheme.

Can I be charged with embezzlement if I'm not an employee of the company?

Yes, embezzlement charges can be brought against anyone in a position of trust, not just employees. This could include trustees, board members, volunteers, or anyone else entrusted with managing assets or funds for another party.

What should I do if I'm under investigation for embezzlement?

If you suspect you're under investigation for embezzlement:

• Don't discuss the matter with anyone except your criminal defense attorney
• Preserve all relevant documents and records
• Do not attempt to alter or destroy any potential evidence
• Contact a New York embezzlement defense lawyer immediately

At Varghese & Associates, P.C., we can guide you through the investigation process and help protect your rights.

How can I protect my professional license if I'm facing embezzlement charges?

Professional licenses can be at risk following embezzlement criminal charges. As your New York criminal defense lawyers, we would:

• Advise you on reporting requirements to your licensing board
• Represent you in any disciplinary hearings
• Work to negotiate outcomes that minimize impact on your license
• If necessary, assist with appeals or reinstatement processes

What's the difference between state and federal embezzlement charges?

State charges typically involve embezzlement from private companies or individuals, while federal charges often relate to embezzlement from government agencies, banks, or other federally insured institutions. Federal charges generally carry harsher penalties. Our team at Varghese & Associates, P.C. is equipped to handle both state and federal embezzlement cases.

Can embezzlement charges be expunged from my record?

In New York, embezzlement convictions cannot be expunged. However, in some cases, records can be sealed, which limits who can access the information. As your New York white-collar crime lawyers, we can advise you on whether record sealing might be an option in your case.

How does the amount of money involved affect embezzlement charges?

The amount of money or value of property involved directly impacts the severity of embezzlement charges in New York. Higher amounts lead to more serious charges:

• Up to $1,000: Petit Larceny (misdemeanor)
• $1,000 to $3,000: Grand Larceny in the Fourth Degree
• $3,000 to $50,000: Grand Larceny in the Third Degree
• $50,000 to $1 million: Grand Larceny in the Second Degree
• Over $1 million: Grand Larceny in the First Degree

The charge level significantly affects potential penalties, making it crucial to have a skilled New York criminal defense attorney working to minimize the charges you face.