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Being charged with embezzlement or any other type of employee-related fraud can ruin you financially and professionally. Embezzlement is defined in Colorado codes as the withholding of property by a person who has been entrusted with that property. An example of this would be a company bookkeeper who is entrusted with maintaining a bank account and writing checks to themselves.
Fraud is considered an act of deception. This could involve stealing credit card numbers, identity theft, or misrepresenting identity for the purpose of gaining a financial reward. In many of these cases, forgery is also involved as a signature of a person other than the person who is facing the charges is required.
To schedule your complimentary consultation, call our Denver embezzlement lawyer at (720) 548-2990 today.
Before a prosecutor can charge a person with any of these crimes, each element of the crime must be proven. This means there will likely be a long financial investigation which may include your personal finances and the finances of the company you are accused of defrauding. It is imperative that immediately upon learning you are under investigation that you deal with a Denver embezzlement lawyer to ensure your rights are being protected.
Generally, employee fraud and embezzlement charges are state charges and are prosecuted by the local prosecutor with the help of the Economic Crimes Unit. Only in cases where the amount stolen is under $50 will the charges be classified as a misdemeanor. This means that a guilty finding will result in a life-long record as a felon which will impact your ability to find housing, obtain student loans, and secure future employment.
In addition to paying restitution for the amount stolen, a guilty finding will mean serious jail time and probation. Under Colorado theft statutes, felony theft charges can result in the following jail time and fines:
Amount Stolen | Felony Class | Jail Time | Average Fines |
$2,000 to $4,999.99 | Class 6 | 1 to 1 1/2 years | $1,000 to $100,000 |
$5,000 to $19,999.99 | Class 5 | 1 to 3 years | $1,000 to $100,000 |
$20,000 to $99,999.99 | Class 4 | 2 to 6 years | $2,000 to $500,000 |
$100,000 to $999,999.99 | Class 3 | 4 to 12 years | $3,000 to $750,000 |
>$1,000,000 | Class 2 | 8 to 24 years | $5,000 to $1,000,000 |
If you have been notified you are under investigation for fraud or embezzlement, it is important to work with a Denver embezzlement lawyer immediately. Jail time, fines and the loss of your reputation will have long-lasting consequences on your life and the lives of your family members. Only by working with an attorney immediately can we help mitigate some of the results of these charges.
One of the most important things a criminal defense attorney can do is to work with prosecutors immediately to demonstrate that you are not guilty of the charges or to help mitigate the charges in the event you have had a lapse in judgment. However, without sufficient time, this may be out of our control early on.
When people fall on hard financial times, they often are not thinking clearly, and they are under a great deal of stress. This often leads them to make decisions without thinking about the long-term consequences of those results.
In the event you have done something that you would not do under normal circumstances and you are concerned about the possible outcome, even if you are not under investigation, you may want to consider consulting with an embezzlement lawyer in Denver. Sometimes coming forward can mitigate the problem and help you avoid jail time.
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