Lexington Embezzlement Defense Attorney

The first thing you need to do after you’ve been arrested for embezzlement, is to call a Cooley, Iuliano, Robey PLLC white collar crime attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.

Our skilled embezzlement defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their embezzlement case against you. Our embezzlement law firm and embezzlement attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.

What is embezzlement?

Embezzlement is defined as the theft or misappropriation of funds placed in one’s trust or belonging to the person or organization you are working for. You are entrusted with funds by another person or the public, and you are stealing them. Kentucky tries embezzlement cases not with a specific embezzlement law, but through three main anti-theft laws, although the majority of charges of embezzlement are taken to court under KRS 514.030, which is theft by unlawful taking. Other theft crimes are theft by unlawful taking (KRS 514.030), theft by deception (KRS 514.040 ) and theft by failure to make required disposition, which is purposefully misplacing funds or property that was handed to you for safekeeping or other uses, not to keep it.

The penalties for theft of a property that are valued between $500 dollars and $10,000, is a Class D felony. This can also result in one to five years in prison. If the embezzled property’s value rises to between $10,000 and $1,000,000, then it’s a Class C felony that will leave you with a prison sentence of 10 to 20 years.

A good criminal defense lawyer can defend you against embezzlement charges by proving you simply made a mistake in managing the funds and did not intend to commit theft, or perhaps prove you might have thought the property was yours or with the intent of giving it to you.

If you are being accused of an embezzlement case, finding experienced professionals like Lexington KY criminal defense attorney or an embezzlement lawyer immediately after your arrest is where you should start in taking control of your future.

Have you been charged with embezzlement?

Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!

If you have been charged with embezzlement, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.

Get Your Free Consultation Now

Types of embezzlement Charges & Penal Codes in Kentucky

White collar crimes in Kentucky are non-violent offenses that involve fiscal matters such as fraud, money laundering, tax evasion, insider trading, identity theft and others, normally carried out by people in business or government. Being accused of a white collar crime is enough to ruin your reputation and your livelihood, which is why you need an embezzlement lawyer as soon as you’re accused.

Theft by unlawful taking - KRS 514.030

(1) Except as otherwise provided in KRS 217.181, a person is guilty of theft by unlawful taking or disposition when he unlawfully:

(a) Takes or exercises control over movable property of another with intent to deprive him thereof; or

(b) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.

(2) Theft by unlawful taking or disposition is a Class A misdemeanor unless:

(a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony;

(b) The property is anhydrous ammonia (regardless of the value of the ammonia), in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense;

(c) The property is one (1) or more controlled substances valued collectively at less than ten thousand dollars ($10,000), in which case it is a Class D felony;

(d) The value of the property is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;

(e) The value of the property is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000), in which case it is a Class C felony;

(f) The value of the property is one million dollars ($1,000,000) or more but less than ten million dollars ($10,000,000), in which case it is a Class B felony; or

(g) The value of the property is ten million dollars ($10,000,000) or more, in which case it is a Class B felony.

(3) Any person convicted under subsection (2)(g) of this section shall not be released on probation or parole until he or she has served at least fifty percent (50%) of the sentence imposed, any statute to the contrary notwithstanding.

If you or someone you care about has been charged with an embezzlement charge in Kentucky, contact our reputable criminal defense lawyers or embezzlement lawyers as soon as possible by calling 859-636-6803.

Theft by deception - KRS 514.040

(1) A person is guilty of theft by deception when the person obtains property or services of another by deception with intent to deprive the person thereof. A person deceives when the person intentionally:

(a) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind;

(b) Prevents another from acquiring information which would affect judgment of a transaction;

(c) Fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom the person stands in a fiduciary or confidential relationship;

(d) Fails to disclose a known lien, adverse claim, or other legal impediment to the enjoyment of property which the person transfers or encumbers in consideration for the property obtained, whether the impediment is or is not valid or is or is not a matter of official record; or

(e) Issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

(2) The term “”deceive”” does not, however, include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive ordinary persons in the group addressed.

(3) Deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.

(4) For purposes of subsection (1) of this section, a maker of a check or similar sight order for the payment of money is presumed to know that the check or order, other than a postdated check or order, would not be paid, if:

(a) The maker had no account with the drawee at the time the check or order was issued; or

(b) Payment was refused by the drawee for lack of funds, upon presentation within thirty (30) days after issue, and the maker failed to make good within ten (10) days after receiving notice of that refusal. Notice of the refusal may include a citation to this section and a description of this section’s criminal penalties and shall be deemed properly addressed when mailed to the address printed or written on the check or sight order or provided by the drawer or maker upon issuance of the check or sight order. The notice, if mailed, shall be deemed received by the addressee seven (7) days after it is placed in the United States mail. The notice may be sent by first-class mail if supported by an affidavit of service setting out the contents of the notice, the address to which the notice was mailed, that correct postage was applied, and the date the notice was placed in the United States mail. A maker makes good on a check or similar sight order for the payment of money by paying to the holder the face amount of the instrument, together with any merchant’s posted bad check handling fee not to exceed fifty dollars ($50) and any fee imposed pursuant to subsection (5) of this section.

(5) If a county attorney issues notice to a maker that a drawee has refused to honor an instrument due to a lack of funds as described in subsection (4)(b) of this section, the county attorney may charge a fee to the maker of fifty dollars ($50), if the instrument is paid. Money paid to the county attorney pursuant to this section shall be used only for payment of county attorney office operating expenses. Excess fees held by the county attorney on June 30 of each year shall be turned over to the county treasurer before the end of the next fiscal year for use by the fiscal court of the county.

(6) A person is guilty of theft by deception when the person issues a check or similar sight order in payment of all or any part of any tax payable to the Commonwealth knowing that it will not be honored by the drawee.

(7) A person is guilty of theft by deception when the person issues a check or similar sight order in payment of all or any part of a child support obligation knowing that it will not be honored by the drawee.

(8) Theft by deception is a Class A misdemeanor unless the value of the property, service, or the amount of the check or sight order referred to in subsection (6) or (7) of this section is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

Theft by failure to make required disposition - KRS 514.070

(1) A person is guilty of theft by failure to make required disposition of property received when:

(a) He obtains property upon agreement or subject to a known legal obligation to make specified payment or other disposition whether from such property or its proceeds or from his own property to be reserved in equivalent amount; and

(b) He intentionally deals with the property as his own and fails to make the required payment or disposition.

(2) The provisions of subsection (1) apply notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the actor’s failure to make the required payment or disposition.

(3) An officer or employee of the government or of a financial institution is presumed:

(a) To know any legal obligation relevant to his criminal liability under this section; and

(b) To have dealt with the property as his own when:

1. He fails to account or pay upon lawful demand; or
2. An audit reveals a shortage or falsification of accounts.

(4) Theft by failure to make required disposition of property received is a Class A misdemeanor unless the value of the property is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

(5) No person shall be convicted of theft by failure to make required disposition of property received when he or she has also been convicted of a violation of KRS 522.050 arising out of the same incident.

Penalties in Embezzlement Cases

Penalties for embezzlement crime could range from very expensive fines to long prison sentences. Even if the most common punishment is time in minimum-security prisons, there’s no reason it can be something even harsher, especially if substantial amounts of money are involved. White collar crimes like tax fraud, credit card fraud, insider trading and fraud against the government are harshly punished and sometimes even handed over to federal prosecutors. For embezzlement charges, depending on their seriousness, and whether the crime is classified as a misdemeanor or a felony is detailed in their individual statutes in Kentucky Revised Statutes.

Take embezzlement offenses and allegations seriously and get professional legal representation in an expert local embezzlement lawyer as soon as possible to see to your case.

Misdemeanor

In general, a misdemeanor is a crime punishable by less than a year in prison, and sometimes there are only heavy fines involved, probation, or other sentences less harsh than with felonies. The consequences for someone guilty of a embezzlement crime punishable by a misdemeanor are;

Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 dollars

Nonetheless, they are a stain on your permanent record and can change your life for the worse, which is why you need the best embezzlement attorney you can get. A competent embezzlement defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.

Felony

A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. In general, the imprisonment terms for each class of this offense are;

Class A – 20 to 50 years, or even life imprisonment,
Class B – 10 to 20 years,
Class C – 5 to 10 years, and
Class D – 1 to 5 years

All serious crimes, except murders (they have their own punishments), are classified as felonies.

It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, it is advised for you to share this information with your embezzlement defense lawyer at the earliest.

A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).).

It’s difficult facing offenses as serious as this alone, especially since these have long-lasting consequences on a person’s life once convicted. Which is why hiring expert embezzlement defense attorneys with adept insights and resources are essential. It’s also good advice to hire embezzlement lawyers who pay close attention to create a great working attorney client relationship with the people and cases they take on. Experienced embezzlement attorneys will know what to expect including with the best way to protect your rights, or avoid a conviction altogether.

Federal

In the US, more than other crimes, white collar offenses are usually prosecuted by federal authorities. The FBI is responsible for processing those accused of federal white-collar crimes. Federal white-collar charges result when they transpire on or against federal property and institutions, but they are mostly a federal offense because they normally involve financial institutions and businesses across several states. Some of these offenses include, but are not limited to, money laundering, tax evasion, election law violations, embezzlement, and several types of fraud, like mortgage, bank, health care, mass marketing, securities, and commodities, and corporate fraud. People in business or government are the vast majority of those arrested for white collar crimes. These are not victimless crimes.There can be billions of dollars at stake, along with the livelihoods of thousands of people. The penalties for white -collar crimes can range from a simple fine to jail time of a few years. The punishment will depend on the extent of the money involved, people affected, and even the social implications of your crime. You will immediately need a federal embezzlement lawyer if you are facing embezzlement charges in Kentucky or anywhere else.

You need an experienced lawyer that specializes in criminal defense

All of our criminal embezzlement attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of embezzlement charges and embezzlement defenses or other practice areas. We value the best interest of every client, above all, and with our insights about law, we can create new defense opportunities in your case, no matter how minor. When it comes to embezzlement crimes, you need embezzlement attorneys who will fight for your constitutional rights, and start by doing an evaluation of every evidence and detail of your case, no matter how inconsequential they may be. We will then create the best defenses in your trial and strive to avoid the harshest sentence or any penalties at all.

Free Consultation & Case Review from our experienced embezzlement lawyers

At CIR Legal, our embezzlement attorney’s embezzlement defense services include offering free consultation and case review to potential clients or otherwise. Our embezzlement attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our law office at 859-636-6803 or fill out our form for a free consultation be it am or pm.