Embezzlement Law Alabama
The embezzlement definition law of the state of Alabama defines the crime as stealing funds that are placed in a person’s care but does not actually belong to the individual in question. For example, an individual may be given the care of some funds belonging to a public establishment. They will be charged with embezzlement law if they start using those funds for their own personal need, instead of keeping them aside for their intended purpose.
When it comes to Alabama embezzlement laws, they are not grouped in a separate category. According to embezzlement law, Alabama treats this crime the same way as theft, and the punishment for embezzlement in Alabama is the same as any other incident of crime.
Alabama Embezzlement Laws
According to the state of Alabama embezzlement law, the crime occurs when an individual entrusts their property in someone else’s care, but they have intentions of taking the property away without prior knowledge of the former. This differs act differs from theft in the way the property is taken- in a crime of theft, the property is not willingly left with the perpetrator. In addition, Alabama embezzlement laws are viewed through a stricter lens by courts and judges, because there is always a degree of trust involved with the crime. Thus, viewed from that perspective, the crime does require a harsher punishment.
Punishment for Embezzlement in Alabama
When it comes to embezzlement law, Alabama does have different degrees of the crime with different punishments for all three kinds. This degree varies, depending on the amount of money that was embezzled, the institution or people it was embezzled from, and the people who took the money. The different degrees of embezzlement law and punishment are:
- First degree: The crime of embezzlement in the first degree occurs when an amount equal to or over $2500 is stolen from a company or establishment and has been preplanned by at least one person. Embezzlement in the first degree is classified as a Class B Felony and is punishable by a prison time between 2 to 20 years. In addition to this, a fine of up to $30,000 is also imposed on the criminal.
- Second degree: A person is accused of the crime of embezzlement in the second degree when they steal any amount from $1500 to $2500, from a company or establishment and was preplanned, in addition. This crime is classified as a Class C Felony according to the state of Alabama, and the punishment which is meted out for the crime includes prison time of minimum time of one year and a maximum time of 10 years. In addition to this, a fine of up to $15,000 may also be meted out to the individual who has been convicted of the crime.
- Third degree: Embezzlement of the third degree occurs when any amount under $1,500 is stolen by any individual from a particular company or establishment. Under Alabama laws, embezzlement of the third degree is given the lightest form of punishment from all three degrees, with the perpetrator getting a maximum prison sentence of up to 12 months, a fine of up to $6,000, or both, depending on the amount that was embezzled, the institution which was stolen from, and how many people were involved in the crime.
Defenses for Embezzlement
The state of Alabama allows for people convicted under the crime of embezzlement to defend their actions. The defenses which are allowed include the convict having an honest, albeit mistaken, impression that the money was given to them, and that they could do as they pleased with the amount of money. With this, the charge of embezzlement gets reduced to reasonable doubt.