While most theft crimes involve the taking of property without permission, embezzlement involves property that is legally possessed and then taken without permission. Most instances of embezzlement occur in businesses, often where the most trusted employees face accusations. If you happen to be one of them, please read on, then contact an experienced Memphis white-collar crime lawyer to learn what you should know about the consequences of embezzlement in Tennessee.
What happens if you sustain an embezzlement conviction in Tennessee?
In the Volunteer State, the value of the money or property stolen determines the penalties for embezzlement. They are as follows:
$500 or less:
- Fine of up to $2,500
- Up to 1 year in prison
$500 to $1,000:
- Fine of up to $3,000
- 1 to 6 years in prison
$1,000 to $10,000:
- Fine of up to $5,000
- 2 to 12 years in prison
$10,000 to $60,000:
- Fine of up to $10,000
- 3 to 15 years in prison
$60,000 or more:
- Fine of up to $25,000
- 8 to 15 years in prison
How do prosecutors prove embezzlement in Tennessee?
In order for the charges to stick, prosecutors must prove the following four factors:
- There must be a fiduciary relationship between the two parties. That is, there must be a reliance by one party on the other
- The defendant must have acquired the property through the relationship (rather than in some other manner)
- The defendant must have taken ownership of the property or transferred the property to someone else
- The defendant’s actions were intentional.
No matter the strength of the prosecution’s case, you should reach out to a skilled Memphis criminal defense attorney to discuss your next steps.
How can a Memphis criminal defense attorney help you?
Even though statutory law governs the penalties and consequences of theft charges, a qualified legal representative can tell you how strong the case against you appears to be, as well as how prosecutors and judges tend to handle cases like yours. As a result, you will be able to make informed decisions about how you would like to proceed. Regardless of the strength of the prosecutor’s evidence, they will still need to prove your guilt beyond a reasonable doubt. You may have any number of mitigating or exculpatory circumstances that you can use. These charges are too serious to face on your own, so please give us a call today.
Contact Our Experienced Memphis Firm
No one should ever have to recover from a serious injury or deal with a pressing criminal matter on their own. We pride ourselves in assisting clients facing a wide range of legal issues throughout Memphis, Tennessee, and we are ready to help you, too. If you need assistance with a personal injury, criminal, or business litigation matter, you can turn to us. Contact Ballin, Ballin & Fishman, P.C. today to schedule your free initial consultation with our experienced legal team.