Embezzlement

The Law

Texas Embezzlement laws fall under the law criminalizing theft. Embezzlement is essentially financial theft by an employee. It occurs when the defendant is entrusted with his or her employer’s money or goods and then steals those money or goods. Many instances of embezzlement also involve elements of fraud.

Punishment

An offense under this section is:

Texas embezzlement laws, or theft laws, provide for a number of different penalties upon conviction. The factor that determines the severity of the punishment if convicted on a charge of embezzlement is the amount or value of the goods, services or cash stolen. If you are considered a public servant and you commit embezzlement, you will face a higher penalty.

Here is a breakdown

• Up to $1,500: misdemeanor, penalties include up to one year in jail
• $1,500 to $20,000: state jail felony, penalties include up to two years in state jail
• $20,000 to $100,000: 3rd degree felony, 2 to 10 years in prison
• $100,000 to $200,000: 2nd degree felony, 2 to 20 years in state prison
• More than $200,000: 1st degree felony, 5 to 99 years in state prison

Defense

There are a variety of defenses you can use to fight Embezzlement charges:

• Lack of intent: You may be able to prove that you were not planning to maintain permanent ownership of the property or funds that were in your possession.
• Mistaken belief: You may show that you genuinely believed that you had the right to the property or funds in question.
• Insufficient evidence: If the prosecution fails to provide sufficient evidence to establish all the elements of embezzlement, your case may be dismissed, or you may be acquitted of the charges.

The exact language of this law, further details, and additional punishment concerns can be found in Title 7, Chapter 31 of the Texas Penal Code. None of this information can take place of the information, knowledge, and expertise provided by a licensed attorney.