Kansas Embezzlement Lawyer
Embezzlement, while a non-violent crime, is often treated with the same severity as violent offenses due to the egregious breach of trust it represents. The penalties can be severe, including hefty fines and substantial prison time. If you are facing embezzlement charges, you need a relentless advocate on your side.
At Triad Legal, our seasoned criminal defense attorneys are dedicated to defending individuals accused of a variety of crimes, including white-collar offenses like embezzlement. We understand the fear and uncertainty you are facing and will help you understand your rights in court. Do not let these charges ruin your life and take away your freedoms. Contact us today, and allow us to begin building your defense.
Embezzlement in Kansas
It is tempting to paint individuals accused of embezzlement as inherently corrupt or greedy, but the reality is often far more complex. Good people can make mistakes, especially when faced with financial hardship. When a person commits embezzlement, it is often a desperate act driven by the circumstances rather than malicious intent. If you find yourself facing such charges, you need an experienced criminal defense law firm behind you every step of the way to ensure your rights are protected.
In the state of Kansas, embezzlement involves the misuse of funds or property entrusted to an individual due to their position of employment or as a trusted professional. It represents more than just theft; it is treated more as a betrayal of the relationship between the individual and the rightful owner of the assets. Unlike theft or robbery, where the assets were never legally in the offender’s possession, embezzlement involves the misuse of funds or property legitimately entrusted to them.
Kansas law treats embezzlement as a type of theft under the Kansas Statutes Annotated (K.S.A.) Chapter 21, Article 58. While it is a part of the theft laws, what sets it apart is the violation of fiduciary duty. This breach of trust can have severe consequences, both legally and personally.
Factors That Must Be Proven for a Kansas Embezzlement Conviction
When you are charged with a crime, it is essential to understand what the prosecution must prove to establish your guilt. Your embezzlement attorney will help you understand the criminal defense procedure and the factors you need to defend against to avoid conviction. The prosecution must establish four key elements:
- Fiduciary relationship: The prosecution must prove that a relationship existed between the victim and the accused where the victim relied upon the accused to manage their funds or property.
- Transfer of property: The prosecution must prove that the accused accessed the property through this relationship and transferred it somewhere for personal use.
- Intentional action: The prosecution must prove that the accused acted intentionally and did not just make a mistake.
- Unauthorized use: The prosecution must prove that the use was unauthorized and intended for the accused’s personal benefit.
If you have been charged with embezzlement, you need knowledgeable and experienced representation to radically advocate for your rights. A strategic defense that understands how these four elements can be best defended against may be the best chance you have at avoiding a conviction. Speak to one of our embezzlement lawyers today to learn the first steps in challenging the prosecution’s case against you.
Types of Professionals Who Embezzle
While anyone in a position of trust can commit embezzlement, certain professions are more commonly associated with this type of crime. Some typical profiles of embezzlement offenders include:
- Accountants and financial professionals
- Employees in positions of authority such as managers, supervisors, and executives
- Cashiers and sales associates
- Bankers or any employees of a bank or trust company
- Trust officers and estate executors
- Elected officials and government employees
These positions are all associated with a fiduciary duty and have access to the means and ability to misproportion funds and property. For instance, an employee who deliberately siphons company funds into their own pockets, unbeknownst to the employer, has engaged in embezzlement.
Embezzlement of Property
Embezzlement is often thought of solely as the misuse of monetary funds, but it can also apply to situations involving property and assets. The critical element of embezzlement is the misuse of money or property entrusted to an individual due to their position or role. The individual is violating their fiduciary duty and acting unlawfully. This can apply to property in situations such as the following:
- Misappropriation of Assets: An individual entrusted with property, such as jewelry, art, or valuable equipment, may intentionally misappropriate those assets for personal gain. For example, a jewelry store employee might embezzle expensive pieces by selling them and pocketing the proceeds.
- False Claims: An individual may make false claims regarding the need for or use of property. For instance, a company employee might claim that a piece of equipment is broken or obsolete, and then sell it for personal profit.
- Falsification of Records: Embezzlement can involve falsifying records to conceal the theft or misappropriation of property. For example, an individual might create false invoices or receipts to justify removing property from the company’s inventory.
- Unauthorized Use of Property: An individual may use company property for personal purposes without proper authorization. For example, a company employee might use a company vehicle for personal errands or vacations without permission.
- Theft of Intellectual Property: Embezzlement can also involve the theft of intellectual property, such as trade secrets or copyrighted material. For example, an employee might steal a company’s proprietary software and sell it to a competitor.
Possible Penalties for Embezzlement Conviction
Depending on the value of the assets or finances noted in the charges against you, the penalties for an embezzlement conviction could range from a minor misdemeanor to a serious felony. Possible penalties for embezzlement at several value ranges are set out in K.S.A. 21-5801. Some include:
- Class A Misdemeanor: Less than $1,500 embezzled could include up to 1 year in county jail and fines of up to $2,500.
- Level 9 Felony: Between $1,500 and $25,000 embezzled could include a prison sentence of 5-17 months and fines of up to $100,000.
- Level 7 Felony: Between $25,000 and $100,000 embezzled could include a prison sentence of 11-34 months and fines of up to $100,000.
- Level 5 Felony: $100,000 or more embezzled could include a prison sentence from 2 to 11 years and fines of up to $300,000.
With how much is at stake if convicted of embezzlement, you need to get the best defense on your side. Working with an embezzlement law firm like Triad Legal will position you with the best chances of success. We are committed to winning our clients’ cases and use more than just evidence and facts in our strategic defenses. We learn who our clients truly are, listen to their stories, and find the details that bring human interest and emotional appeal to the courtroom.
Possible Defenses Against Embezzlement Charges
With embezzlement charges, there is often overwhelming evidence of the action that took place, such as funds being transferred from a business account to a personal one. However, that evidence alone does not entirely prove your guilt. To prove a defendant guilty of embezzlement, the prosecution will need to establish those four elements: that a fiduciary relationship existed, the property was transferred, those actions were intentional, and the use was unauthorized.
Some possible defenses against embezzlement include lack of intent, accidental transfer, lack of fiduciary relationship, insufficient evidence, duress, entrapment, or claiming that you had authorization to use the funds or property. Each defense requires specific requirements to be met and evidence to back it up. It is essential to understand that these are just a few potential defenses, and the specific strategies available to you will depend on the unique factors of your case.
Consulting with a skilled criminal defense lawyer can help you determine a defense strategy specific to your situation. Be sure to contact someone from our team as soon as possible to get started on your case. We even offer pre-charge investigation services if you believe you will be charged with embezzlement in the near future. The longer our team has to work on your case, the more time we will have to collect evidence and discuss the story and factors that went on behind the mere facts the prosecution may use against you.
How Triad Legal Can Help With Your Embezzlement Case
Facing criminal embezzlement charges can be a daunting experience. But remember, you do not have to go through this experience alone. At Triad Legal, we are your fierce advocates, ready to fight for your freedom. We tailor our approach to every unique case with personalized attention and support to best serve our clients throughout the legal process. When you work with Triad Legal, you can expect:
- Compassionate Care: We treat our clients with respect, dignity, and understanding. We believe that justice should be rooted in compassion and empathy, and how we tell your story can make a difference.
- Unwavering Dedication: We will be there when you need us most. We do not shy away from even the most challenging cases, no matter how daunting the odds may seem.
- Genuine Understanding: We take the time to honestly know our clients. Your story matters, and we will use it to build a powerful defense. We believe that understanding your unique circumstances and background is essential for providing effective legal representation.
- Proven Track Record: Our team has a proven track record of success in defending clients facing criminal charges. We have the experience and knowledge to navigate complex legal challenges and work towards the best possible results for your case.
- Relentless Pursuit of Success: We believe in the power of hope, justice, and redemption. We will be relentless in our pursuit of the best possible outcome for our clients, using every available option and exploring every avenue to secure that outcome.
Do not let criminal charges define your future. Choose Triad Legal, and let us fight for the justice you deserve. Learn more about us on our website or contact us today for a confidential consultation. We can begin building your defense and working towards a brighter future.
Contact An Embezzlement Lawyer at Triad Legal for Compassionate and Relentless Advocacy Today
When you are facing criminal charges, you need a legal team that will not back down. At Triad Legal, we are not just lawyers; we are your fierce advocates, ready to fight for your freedom. Do not let criminal charges define your future.
If you or a loved one is facing criminal charges in Kansas or Oklahoma, do not risk your freedoms by waiting to seek experienced legal representation. Triad Legal’s renegade criminal defense lawyers are ready to take on your case, no matter the difficulties you are presented with. Contact us to set up an initial consultation to discuss building your defense.
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- Embezzlement
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