Defending Against Embezzlement and Larceny by Employee Charges in North Carolina
As an experienced criminal defense lawyer in Durham, North Carolina, Cole Williams has seen a significant number of embezzlement and larceny by employee cases over the years. These charges can have serious consequences for those accused, including imprisonment, fines, and a criminal record.
This webpage will explain what embezzlement and larceny by employee charges are and the possible consequences of being convicted of criminal charges in North Carolina. Additionally, we'll provide information on how to defend against theft charges, and what to look for in a criminal defense attorney.
What is Embezzlement?
"If you're facing embezzlement or larceny by employee charges, it is essential to seek the assistance of a criminal defense attorney in Durham with substantial courtroom experience."
- Cole Williams, Durham Criminal Defense Attorney
Embezzlement is a type of theft that occurs when a person, entrusted with property or funds belonging to someone else, takes or uses those assets for personal gain. In North Carolina, embezzlement is a felony offense and can carry serious consequences, including active jail time in certain circumstances. The NC Criminal Laws generally describe embezzlement as "the fraudulent conversion of property by a person who is already in lawful possession of that property."
Embezzlement charges can range from a Class H felony (theft of property of any value) to a Class C felony (embezzlement of property worth $100,000 or more). The severity of the charge will depend on the value of the property or funds embezzled. Embezzlement can involve private companies as well as charitable organizations. In certain circumstances it may be both a state and federal crime.
If convicted of embezzlement in North Carolina, a defendant may face imprisonment, fines, and restitution to the victim. Additionally, a conviction for embezzlement can have serious long-term consequences, including difficulty finding employment, obtaining loans, and obtaining professional licenses.What is Larceny by Employee?
Larceny by employee, also known as employee theft, occurs when an employee takes property or funds belonging to their employer without permission. Like embezzlement, larceny by employee is a type of theft and is a felony offense in North Carolina, irrespective of the value of the property or times taken without lawful authority.
Larceny by employee charges can range from a Class H felony (theft of property of any value) to a Class C felony (theft of property worth $100,000 or more). The severity of the charge will depend on the value of the property or funds stolen and the existence of a prior criminal record, if any.
If convicted of larceny by employee in North Carolina, a defendant may face imprisonment, fines, and restitution to the victim. Additionally, like embezzlement, a conviction for larceny by employee can have serious long-term consequences, as is the case with any felony conviction.Defending Against Embezzlement and Larceny by Employee Charges
Defending against criminal prosecution for embezzlement and larceny by employee charges requires a thorough understanding of the North Carolina state crime law and the facts of the case. There are several defenses that may be available to those accused of these crimes, including:
- Lack of intent: Embezzlement and larceny by employee charges require the intent to steal. If the defendant did not have the intent to steal the property or funds, under NC criminal law they should not be convicted of these charges.
- Mistaken belief: If the defendant believed that they had the right to the property or funds, they may be able to argue that they did not commit embezzlement or larceny by employee.
- Duress: If the defendant was forced to commit the crime under threat of harm, they may be able to argue that they were under duress and should not be convicted.
Additionally, it is essential to examine the evidence against the defendant carefully. An experienced embezzlement defense lawyer attorney can investigate the case thoroughly, gather evidence, and identify any weaknesses in the prosecution's case.Choosing a Criminal Defense Attorney
If you are facing embezzlement or larceny by employee charges, choosing a criminal defense attorney with experience in these types of cases is critical. Here are some factors to consider when selecting a criminal defense attorney:
- Experience: Look for an attorney who has experience in handling embezzlement and larceny by employee cases. This experience will enable them to provide you with a zealous defense.
- Strategy: Look for an attorney who has a clear strategy for your defense. They should be able to explain their plan for defending against the charges and the potential outcomes of the case.
- Cost: While cost should not be the only factor when choosing a criminal defense attorney, make sure you understand the attorney's fees and payment structure before hiring them.
Preparing for trial is critical in defending against embezzlement and larceny by employee charges in North Carolina. Here is a checklist to help you prepare for the trial:
- Work with your criminal defense attorney to develop a strategy for your defense. Your attorney should be able to explain the potential outcomes of the case and what your defense will entail.
- Gather all relevant documents, including bank statements, receipts, and other financial records, if possible. That may take place during the Discovery process of the criminal matter. These documents may help support your defense and refute the prosecution's case.
- Identify witnesses who can testify on your behalf and let your defense lawyer know who they are. These witnesses can provide testimony that supports your defense and undermines the prosecution's case.
- Review the evidence that the prosecution plans to present at trial, as provided through Discovery. This will give you a better understanding of the case against you and help you prepare your defense.
- Practice your testimony with your attorney, if you are to testify. This will help you feel more comfortable on the witness stand and ensure that you are presenting your case in the best possible light. In many if not most criminal charges, it is inadvisable for the accused to testify and subject themselves to cross-examination.
- Dress appropriately for court. You should wear clean, conservative clothing that conveys respect for the court.
- Arrive early on the day of your trial. This will give you time to get settled and calm any nerves you may have.
- Be respectful and polite to everyone in the courtroom. This includes the judge, the prosecutor, and any witnesses who testify against you.
- Listen carefully to the testimony presented against you and take notes.
- Trust your attorney to guide you through the trial process. Your attorney is there to help you defend against the charges and provide sound legal advice.
By following this checklist, you can prepare for trial and give yourself the opportunity to successfully defend against embezzlement and larceny by employee charges in North Carolina.Durham Criminal Defense - Cole Williams Law Firm
Embezzlement and larceny by employee charges are serious felony charges in North Carolina, and those accused of these crimes face significant consequences. If you or a loved one is facing these charges, it is essential to seek the assistance of a skilled criminal defense attorney.
Remember to choose an attorney with experience, a good reputation, and effective communication skills. At Cole Williams Law, we are here to help. Contact us today to schedule a consultation.Frequently Asked Questions About Embezzlement and Larceny by Employee Charges in North Carolina
Embezzlement is a type of theft in which a person who has been entrusted with someone else's money or property steals it for their own benefit.
Larceny by employee charges involve theft by an individual who has been entrusted with an employer's property or money.
The penalties for embezzlement and larceny by employee in North Carolina depend on the value of the property stolen. For property valued at less than $1,000, the offense is a Class H felony, which carries a maximum prison sentence of 25 months. For property valued between $1,000 and $100,000, the offense is a Class C felony, which carries a maximum prison sentence of 231 months. For property valued at $100,000 or more, the offense is a Class B2 felony, which carries a maximum prison sentence of 318 months.
If you are facing embezzlement or larceny by employee charges, it is critical to work with an experienced criminal defense attorney who can help you navigate the legal system and build a strong defense.
To prepare for trial, you should work with your attorney to develop a strategy for your defense, gather relevant documents, identify witnesses, review the evidence against you, practice your testimony, dress appropriately for court, arrive early on the day of your trial, be respectful and polite to everyone in the courtroom, listen carefully to the testimony presented against you, and trust your attorney to guide you through the trial process.
Additional Information About Criminal Charges in Durham NC
- When should you hire a Criminal Defense Attorney?
- What you need to know about Theft Crimes and Larceny
- What happens if Campus Police is involved?
- Learn more about Unlawful Concealment and Shoplifting
- Why you should hire a lawyer for Underage Possession, Marijuana, and Paraphernalia charges
- Do I need a Criminal Defense Lawyer in Durham?
- More about Cole Williams - Durham Criminal Defense Attorney