Facing criminal charges in Indianapolis, IN, is never an easy thing to experience, and dealing with something like embezzlement can be even more overwhelming because of how complicated the law can seem in Indiana.
Fortunately, you never have to deal with this on your own. Working with a criminal defense attorney is your best chance at beating the charges against you and protecting your freedom. For help with charges in Indianapolis, IN, contact our experienced team from Suhre & Associates DUI and Criminal Defense Lawyers at (317) 759-2599 to schedule a free consultation with an Indianapolis embezzlement lawyer.
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How Our Theft Crimes Attorneys Can Help If You’re Arrested for Embezzlement
If you’re facing embezzlement charges in Indianapolis, Indiana, our legal team can help you fight back. Here’s how:
- We will meet with you during a free case evaluation to hear your side of the story and determine what really happened.
- We will review the evidence provided to us by the prosecutor and collect our own evidence with the help of our investigators.
- If going to trial seems risky, we will negotiate with the prosecutor to try to obtain a plea deal that will reduce your charges or provide a lenient sentence.
- If the case goes to trial, we are always prepared to represent you at trial in front of the judge and jury.
For help with any type of criminal matter, contact Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation with an Indianapolis theft crimes attorney.
Overview of Embezzlement in Indiana
In Indiana, embezzlement is not listed under its own criminal code. Instead, this behavior is generally prosecuted under Indiana’s fraud and theft statutes.
Embezzlement is generally considered to be a type of property theft where an individual is entrusted with the oversight of another person’s assets and unlawfully misappropriates those assets for personal benefit. A primary component of this crime is that the perpetrator had legal access to the funds or property but did not possess ownership rights.
Common scenarios include a bank employee misusing client funds, a corporate executive diverting company finances for personal use, or a caregiver misappropriating resources from a family member.
What Are the Penalties For Embezzlement in Indianapolis, Indiana?
The penalties for embezzlement in Indianapolis vary significantly depending on the value of the embezzled property. Understanding these classifications is crucial for anyone involved in or accused of such offenses.
- Class A Misdemeanor: If the value of the property is less than $750, it’s generally a Class A misdemeanor. Potential Penalties include fines of up to $5,000 and imprisonment for up to one year
- Level 6 Felony: If the value of the property is between $750 and $50,000, it’s generally charged as a felony. The potential penalties are imprisonment ranging from six months to two and a half years and fines of up to $10,000.
- Level 5 Felony: When the property is valued over $50,000, it’s a level 5 felony. Possible consequences include imprisonment of one to six years and fines of up to $10,000.
Beyond the legal penalties outlined, defendants may also face collateral consequences following an embezzlement conviction, including potential damage to personal reputation, loss of professional licenses, and diminished career prospects. These can all have long-lasting effects on a person’s life and livelihood.
What Defenses Can Be Raised If I’m Arrested for Embezzlement?
When facing embezzlement charges, it is essential to explore possible legal defenses that may be applicable based on the specifics of the case. Understanding these defenses can significantly influence the outcome of legal proceedings. Common defenses include:
Permission to Use the Property
If the defendant can provide evidence that they had permission from the owner to use the property in question, they could argue that their actions do not constitute embezzlement. This defense hinges on demonstrating that the use of the property was authorized and within the bounds of the fiduciary relationship.
Involuntary Action
In some cases, a defense may be made on the grounds that the defendant’s actions were involuntary due to circumstances beyond their control, such as duress or coercion. If it can be shown that the defendant was forced into the actions that led to the charges, this defense may mitigate or negate liability.
Insufficient Evidence
A common defense strategy is to challenge the prosecution’s evidence. This involves demonstrating that the evidence presented fails to meet the necessary burden of proof, thereby raising reasonable doubt about the defendant’s guilt.
Mistake of Fact
If the defendant honestly believed that they were entitled to the property or that the property was legitimately theirs, this “mistake of fact” defense can be invoked. This defense emphasizes that the defendant’s misunderstanding negates the requisite intent to commit embezzlement.
The best way to defend yourself is to speak with a criminal defense lawyer as soon as possible.
Schedule a Free Case Evaluation With an Indianapolis Embezzlement Lawyers
If you are facing embezzlement charges and are concerned about potential legal consequences, it is critical to seek legal guidance. Our experienced criminal defense lawyers are here to provide you with a thorough and confidential case evaluation at no cost. During this consultation, we will assess the specifics of your situation, discuss potential defenses, and outline the best strategies to protect your rights.
Contact Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation with an Indianapolis embezzlement lawyer today.