If you are facing a charge for embezzlement, you may be feeling anxious and confused. This can be a difficult and uncertain time.
It’s a good idea to get an attorney’s help facing any potential embezzlement charge that may be coming your way.
Embezzlement charges and their possible defenses can be quite confusing. An attorney that has experience in this area will be able to analyze your case and talk to you about what to expect.
At this stage, you may have several questions about your charge. You may be asking, “Is embezzlement a felony?”
It’s important to know what you might be facing.
There is a world of difference between a misdemeanor embezzlement charge and a felony embezzlement charge.
In this article, we’ll discuss everything you need to know about embezzlement in Wyoming, as well as what to do next.
WHAT IS EMBEZZLEMENT?
First off, what exactly is embezzlement? Essentially, embezzlement is when someone takes money or property that isn’t theirs but has been entrusted to them.
It is similar to theft but different in one significant way: In embezzlement cases, the person who takes the money or property was lawfully in charge of it at one point in time.
In other words, theft is when someone takes money or property that doesn’t belong to them and wasn’t in their rightful possession.
Embezzlement is when the money or property was in their rightful possession, and they unlawfully took ownership.
A typical example of embezzlement is when an employee who works at a large company is tasked with keeping track of business funds. If that person takes the funds that belong to the business, this would be embezzlement.
Often, the public hears about high-ranking officials or employees embezzling funds. These are the type of people that are most likely to be in charge of money that isn’t theirs.
CAN EMBEZZLEMENT BE A MISDEMEANOR?
Embezzlement can be a misdemeanor, as well as a felony. The specific charge of embezzlement will depend on the value of the money or property.
Embezzlement is generally a state crime. Therefore, the line between misdemeanor embezzlement and felony embezzlement will vary in each state.
IS EMBEZZLEMENT A FELONY?
So, is embezzlement a felony?
The answer is, “ It depends.” As noted above, embezzlement is generally a state crime, so the charge of misdemeanor or felony will depend on that particular state.
In Wyoming, embezzlement charges are as follows:
- Misdemeanor embezzlement: money or property worth less than $1,000. The penalties for misdemeanor embezzlement in Wyoming are a fine of up to $750, up to six months in jail, or both.
- Felony embezzlement: money or property worth more $1,000. The penalties for felony embezzlement in Wyoming are a fine of up to $10,000, up to 10 years in prison, or both.
Depending on what type of charge you are facing, the consequences could be quite severe. This is why it’s important to get an attorney’s help as quickly as possible.
WHAT ARE POSSIBLE DEFENSES TO FELONY EMBEZZLEMENT?
There are several different defenses that are possible for felony embezzlement.
An experienced and capable attorney will be able to examine your case and decide which defenses might be viable for you.
Felony embezzlement cases can fall apart because of insufficient evidence.
The prosecution is the party that needs to provide the proof in felony embezzlement cases.
If the prosecution can’t show that the defendant had specific intent to embezzle, the defendant can be exonerated.
The defendant may also use consent as a defense, meaning that the person or business that rightfully owned the property consented to the defendant taking it in the way that they did.
The defendant might also say that they made a mistake, such as a calculation error.
HOW CAN AN ATTORNEY HELP WITH MY EMBEZZLEMENT FELONY?
Being charged with an embezzlement felony can be scary. At first, an experienced criminal defense attorney will be able to help you understand everything that is happening.
If you decide to pursue representation with that attorney, you’ll ideally have someone in your corner who has handled several embezzlement felony cases before. Your skilled criminal defense attorney will be able to present arguments on your behalf in your felony embezzlement case.
If you are facing a felony embezzlement charge, Cowboy Country Criminal Defense can help. We understand how challenging this is. We also know that you probably have a lot of questions that we can answer.
Our representation will help you mount the best defense possible for your case. Contact the team at Cowboy Country Criminal Defense for assistance with your felony embezzlement charge.