Embezzlement Law Texas
Texas Embezzlement Definition Law
An employee who commits financial theft in Texas is tried under the Texas embezzlement law. The act of stealing falls under the theft category, but in some instances, it is considered a white-collar crime.
When a person in responsibility entrusted with the employer's money, property, or any other asset steals it for personal gains, it is tried under embezzlement crimes. Some of these have fraud elements.
You should consult a lawyer specializing in Texas embezzlement laws before accepting any plea deal or guilt. Prosecutors have to prove beyond doubt that the accused person misappropriated the asset without its owner's consent.
Embezzlement law applies when an employee:
- Steals cash, goods, services, or any other asset from the employer.
- Transfers employer or organization’s fund to the personal bank account.
- Alters the company's account books in any way to hide income from the employer.
Defenses Under Embezzlement Law Texas
The possible defenses include proving genuine mistake by the defendant who had no intention to conceal the income from the employer. It may have been an inadvertent blunder that led to the concealment.
There are many other such possibilities that can be used to prove the innocence of the defendant. Depending on how the justification is accepted by the court, it can result in dismissal of the charges, reduced punishment, or full force of the law whereas all and maximum applicable penalties are awarded.
Punishment for Embezzlement in Texas
There are different types of convictions under the Texas embezzlement law for the embezzlement. The severity of the penalties is determined by factors like the value of the stolen item, intent, criminal record of the defendant, and some other records. The higher penalty is awarded to employees holding a public office.
- Penalties can range up to one year in jail for the misdemeanor charge of embezzling up to $1500.
- Up to 2 years in jail term is awarded in case the amount is in the range of $1500-20,000. It is considered a state jail felony.
- The defendant is given 2-10 years of prison term in a third-degree felony charge of stealing $20,000-$100,000.
- Second-degree felony applies and 2-20 years of prison term is given for stealing the amount between $100,000 and $200,000.
- A state prison term of 5-99 years is awarded if the value of the goods, services or assets exceeds $200,000.
Effective Legal Representation
All these charges are a serious matter and affect your career, professional life, business, and even personal life. It is important to fight your case with the help of a knowledgeable, experienced and skilled criminal defense lawyer.
You or your loved one accused of this crime needs all the support in such a difficult time. Proper handling of your legal case will help you avoid imprisonment and fine. You can get the charges dismissed or reduced. It is possible to get acquitted by a jury in case a trial is held.
Statute of Limitation
One benefit for a defendant in such cases is that producing the proof of crime lies with the prosecutor. It must be proved beyond a reasonable doubt that the defendant took the services, goods or money without the owner’s consent and permission.
This crime has a statute of limitations. In most cases, the case must be filed within four years, but in some cases, it can go up to ten years. These limitations can be suspended under various circumstances.
What to do?
Contact an attorney specializing in Texas embezzlement law to learn how best you can defend yourself. Your chance of being acquitted increases if you can present your defense properly and with good supporting evidence.
Even if you are convicted, proper legal representation can help reduce the term of imprisonment and the amount of fine.
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