Embezzlement Laws in Florida: Protecting Financial Trust and Accountability

What Are the Potential Consequences of an Embezzlement Charge?

Embezzlement in Florida is prosecuted under the umbrella of theft crimes. This crime involves the unlawful taking of property or money by someone who was entrusted with it. Embezzlement often occurs in a workplace or corporate setting where an individual in a position of authority or responsibility misappropriates funds or property for personal use. However, other individuals with a fiduciary duty to make financial decisions in another person’s best interests, such as trustees or guardians of an estate, can also be accused of embezzlement.

Betraying the financial trust that clients, employers, friends, or loved ones have granted is considered a significant breach of the law. Individuals convicted of embezzlement can face severe penalties, including fines and jail time. Unfortunately, even allegations of misusing funds can devastate your professional and personal reputation. Mounting a robust and rapid defense to these charges can be critical for protecting your future and your employment. A Florida white collar crimes defense attorney can help you explore your options for fighting back against these charges and guide you through the legal process.

What are the Key Elements of Embezzlement?

While embezzlement is similar to other types of theft, such as robbery and larceny, the main distinction lies in the trust placed in the individual and their unique access to the money and property involved. Individuals in roles that present them with financial authority or responsibility are being entrusted with funds or assets that do not belong to them, with the understanding that they will take every precaution to handle the situation carefully and wisely. When someone does not live up to that trust, they can be held accountable under the law.

However, the defendant’s intent is a crucial point in these cases. The aim of the law is not to punish someone for making an honest error but to prevent people from knowingly misusing their position for personal gain. To that end, the prosecution must establish the following elements beyond a reasonable doubt to obtain an embezzlement conviction:

• The defendant was entrusted with the property or money in question.
• The defendant intentionally took the money or property without permission.
• The defendant deprived the owner or owners of the use or benefit of the assets.

What are the Penalties for an Embezzlement Conviction?

Per Florida Statute 812.014, embezzlement is considered a form of theft and is prosecuted in the same manner as other theft crimes. The state divides theft charges into two categories, grand theft and petit theft, based on the value of the stolen items and the circumstances of the crime. The potential penalties may be enhanced if certain criteria are met, such as if the victim of the embezzlement is 65 years or older.

Grand Theft

Grand theft is a felony crime in Florida, divided into three levels based on the value of the stolen property:

• Third-degree grand theft: Property valued between $300 and $20,000. A conviction can result in up to five years in prison, five years of probation, and a fine of up to $5,000.
• Second-degree grand theft: Property valued between $20,000 and $100,000. Punishable by up to 15 years in prison, 15 years of probation, and a maximum fine of $10,000.
• First-degree grand theft: Property valued over $100,000, or if the theft involves a vehicle or causes over $1,000 in damage to property. Includes a mandatory minimum sentence of 21 months in prison. However, convicted individuals may face a maximum of 30 years in prison, 30 years of probation, and a fine of up to $10,000.

Petit Theft

Petit theft charges are typically misdemeanors in Florida because they involve less valuable property. However, a past criminal record may cause the charges to be elevated to a felony, regardless of the value of the embezzled property. The degrees of petit theft are:

• Second-degree petit theft: Property valued at less than $100. Convicted individuals may face up to 60 days in jail, up to 6 months of probation, and a fine of up to $500.
• First-degree petit theft: Property valued at $100 or more but less than $750. Penalties can include up to 1 year in jail, 1 year of probation, and a fine of up to $1,000.
• Felony petit theft: This charge may apply if the defendant has two or more prior petit theft convictions. Embezzling even a small amount of money could lead to severe punishment for recurrent offenders, including up to 5 years in prison and a maximum fine of $5,000.

A petit theft conviction can also lead to other consequences like driver’s license suspension and difficulties finding housing or employment due to your criminal record. Whether you have been accused of embezzling $50 or $50,000, presenting a robust defense can be crucial for your freedom and future.

What are Common Defenses Against Embezzlement Charges?

Possessing the intent to deprive another individual of their property is a critical component of embezzlement. An experienced defense attorney may be able to provide compelling evidence that the individual lacked the intent to be convicted of a crime. Defense strategies in an embezzlement case may include:

• Establishing the defendant’s belief of ownership or right to the property in question.
• Demonstrating that the defendant’s actions were an accident or error.
• Proving the plaintiff gave consent to the defendant to use or transfer their property.
• Showing entrapment by law enforcement or another party that wrongly induced the defendant to commit the act.

How Can a Skilled Defense Lawyer Assist You?

Embezzlement charges are potentially life-altering and can lead to significant legal penalties. By retaining an experienced criminal defense attorney, you may be able to increase your chances of a favorable outcome and minimize the long-term impact of an embezzlement charge. At DeMichael Law, we understand the importance of conducting a comprehensive investigation to uncover all relevant evidence and challenge the prosecution’s case. From your initial arraignment onward, we will ensure your rights are protected throughout the legal process. Contact our law firm today at 863-216-1831 to schedule a free case evaluation.