When you have been accused of stealing, your life can turn upside down. Outside of criminal penalties, you may face challenges at work and socially, such as strained relationships with friends, family, and neighbors. A Rochester embezzlement lawyer can help you understand the charges against you and create a strong defense strategy.

A well-versed theft attorney uses their knowledge of local criminal law to build effective defenses. Learn more about your defense options today by contacting us today.

What Is Embezzlement?

Embezzlement is a broad term encompassing several different financial crimes. The common characteristic of embezzlement crimes is the misuse of another’s property for the benefit of the embezzler. Unlike other theft crimes, the person has a position that gives them lawful access and possession of the embezzled property.

State embezzlement laws cover the misuse of public funds. For cases of private fund embezzlement, prosecutors will bring charges under state theft laws.

Penalties for Embezzlement

The penalties for an embezzlement case will depend greatly on the value of the property stolen. For theft cases, the penalties can range from a $1,000 fine and 90 days in jail to a $100,000 fine and 20 years in prison.

For the embezzlement of public funds, according to Minnesota Statutes § 609.54, if the value of the funds stolen is less than $2,500, a conviction may lead to up to five years in prison and a fine of up to $10,000. If the funds stolen are greater than $2,500, a conviction may lead to ten years in prison and a fine of up to $20,000.

A Rochester lawyer skilled in handling embezzlement cases can help you understand your charges and the potential penalties you face.

Defending Against Embezzlement Charges

In a criminal case, the prosecution has the burden of proving the charges. The primary role of an embezzlement attorney in Rochester is to create reasonable doubt. This may involve casting doubt on whether a crime was committed, whether the defendant is the person who committed the crime, or whether there is sufficient evidence to prove either element.

Some possible defenses to an embezzlement charge include:

  • Duress or being forced to steal the property
  • Insufficient evidence to support the charges
  • Expiration of the five-year statute of limitations
  • Lack of intent to defraud or deprive the person of their property

A lawyer may review the prosecution’s case, examine the evidence, and identify possible defenses.

The Role of an Embezzlement Attorney

If a person is accused of a crime, they should consult an attorney as soon as possible. They can protect a person’s constitutional rights and handle communications with law enforcement and the prosecutor.

A Rochester embezzlement lawyer may represent the defendant in court and present arguments on key pretrial issues, such as bail or bond. They can review the evidence and the prosecution’s case to create a robust defense strategy. Additionally, they can handle plea negotiations.

If the defendant is convicted, representation does not stop there. Legal counsel may represent the defendant during the sentencing hearing and handle the appeal process if necessary.

Work With an Embezzlement Lawyer in Rochester

With over 50 years of criminal law experience, a Rochester embezzlement lawyer at Kohlmeyer Hagen, Law Office Chtd. can leverage their skills and knowledge to assist with your defense. We understand how frightening these allegations can be and are ready to stand by your side and guide you through the criminal justice system.

If you or a loved one has been accused of embezzlement, call us for legal assistance. We offer convenient payment plans, making it easier for you to secure the legal representation you deserve.