Money is a sensitive issue for many people, which is why being entrusted with the responsibility of handling money is something many people are honored by. However, many in control of large amounts of money may become tempted by the funds they are handling and may misappropriate funds. This is referred to as embezzlement, which is a serious offense in Oklahoma. If you’ve been charged, the following blog explores the penalties you can face and why connecting with an Oklahoma City white-collar crime lawyer is critical to fighting the charges against you.

What Is Embezzlement?

Embezzlement is a form of fraud that occurs when someone is entrusted with funds and internationally uses them for a purpose other than their original intention. Anyone can commit embezzlement, from the cashier of a local convenience store or an attorney overseeing the trust fund of an individual. Essentially, any time you are in charge of funds on behalf of another person and misappropriate or use those funds for anything other than the intended purpose, you can face embezzlement.

There are many different forms of embezzlement that can occur. These include the following:

  • Siphoning: A common practice by many in front-facing roles like cashiers or waiters, siphoning occurs if you can steal money from the cash register without creating a discrepancy between the cash in the drawer and the amount that should be in the register.
  • Payroll: If you are the payroll manager for a company, an act of embezzlement would be falsely adding employees who do not exist to the payroll to receive paychecks for them.
  • Kickbacks: If you are in charge of purchasing for your company, you may receive kickbacks from a vendor. Essentially, this means that the business gives you money directly in exchange for the continued purchase of their product or services.

It’s important to understand that embezzlement can be charged as either a misdemeanor or felony, depending on the amount of money impacted and other circumstances of your case. Generally, any amount less than $1,000 will be charged as a misdemeanor, while anything higher is deemed a felony offense. As such, you can face up to five years in prison for amounts up to $15,000 and eight years for embezzled funds over $15,000.

What Are Potential Defenses?

One of the most common defenses against an embezzlement charge is that this is an error. To be charged with this offense, the prosecution must be able to prove that you intentionally mishandled the funds you were entrusted with. As such, if you can prove that the mishandling of the funds was an accident, you may be able to avoid a charge.

Another example of a defense that could apply to your circumstances is that you were under duress. If you had reason to believe that you would be in harm or otherwise hurt, you may be able to avoid charges. For example, if your boss threatens you or your family with harm unless you embezzle money for them, this would be considered duress.

As you can see, there are many different kinds of embezzlement that can occur, meaning it’s imperative to connect with an experienced attorney who can help you through these complex matters. At the Jones Firm, PLLC, we understand how overwhelming it can be to face a felony offense, which is why we are ready to assist you. Connect with us today to learn how our dedicated team can fight for you.