Embezzlement Crimes in Okmulgee come in a couple different kinds. Embezzlement is charged either as a felony or a misdemeanor. Oklahoma criminal law statutes define embezzlement as the “fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose.” (21 O.S. § 1451) To put it simply, it’s another form of property theft. This crime does not require a distinct act of taking, but only a fraudulent use or appropriation of the property. If you are facing embezzlement charges or are under investigation for a financial offense, you need to enlist a knowledgeable and skilled lawyer in your corner to defend your rights and ensure you make the appropriate legal decisions in your case.
Types of Embezzlement in Okmulgee
There are many situations where embezzlement crimes in Okmulgee can exist. Many hear embezzlement and think of it as a white collar crime. That is simply not the case as fraudulent appropriation of property can even happen at your local coffee shop. Here are the various circumstances described under § 1451 where embezzlement occurs:
· the property was obtained by being entrusted to that person for a specific purpose, use, or disposition and shall include, but not be limited to, any funds “held in trust” for any purpose;
· the property was obtained by virtue of a power of attorney being granted for the sale or transfer of the property;
· the property is possessed or controlled for the use of another person;
· the property is to be used for a public or benevolent purpose;
· any person diverts money appropriated by law from the purpose and object of the appropriation;
· any person fails or refuses to pay over to the appropriate authority any tax or other monies collected in accordance with state law, and who appropriates the tax or monies to the use of that person, or to the use of any other person not entitled to the tax or monies;
· the property is possessed for the purpose of transportation, without regard to whether packages containing the property have been broken;
· any person removes crops from any leased or rented premises, intending to deprive the owner or landlord interested in the land of any of the rent due from that land, or fraudulently appropriates the rent to that person or any other person; or
· the property is possessed or controlled by virtue of a lease or rental agreement, and the property is willfully or intentionally not returned within ten (10) days after the expiration of the agreement.
Penalties in Okmulgee for Embezzlement
Embezzlement can have very harsh consequences. Oklahoma punishes a violation of § 1451 according to value of money or property that was taken.
· For property that was valued at less than $1,000, you shall be convicted of a misdemeanor punishable by a fine not exceeding $1,000 and up to 1 year of imprisonment
· If the property was valued at or more than $1,000 but less than $2,5000, you shall be convicted of a felony punishable for up to 2 years of imprisonment or 1 year in the county jail, and a fine of up to $5,000 plus restitution for the victim
· If the property was valued at $2,500 or more but less than $15,000 you shall be convicted of a felony punishable by a prison term of up to 5 years and subject to a fine of $5,000 plus restitution for the victim
· When the property embezzled is $15,000 or more you shall be convicted of a felony punishable by imprisonment of a term not to exceed 8 years and subject to a fine of up to $10,000 plus restitution
Sometimes people are unaware that what they were doing was considered “embezzling” or that the way they managed certain funds or property was illegal. People generally don’t intend to commit a crime when it happens. This is just one of the reasons why it is crucial to get a hold of a defense attorney if you think you may be accused of such charges.
Okmulgee County Criminal Defense Attorneys
You should not have to worry about having a misdemeanor or felony on your record if you believe you didn’t do anything wrong. Our Okmulgee lawyers defend a wide array of clients facing charges for financial offenses. Quality legal representation gives you a serious advantage in these types of cases. If you’re facing embezzlement crimes in Okmulgee call us for a free consultation regarding both felony or misdemeanor charges. 918-621-8083