What is the Difference Between Larceny and Embezzlement?

Embezzlement charges can be a daunting and complex legal issue to navigate. In this blog post, we will discuss the differences between larceny and embezzlement and explore effective criminal defense strategies for embezzlement charges. If you find yourself facing embezzlement charges in Minnesota, you should consider seeking the expertise of a Minnesota white-collar crimes attorney like Kevin DeVore.

Understanding Embezzlement:

Embezzlement is a white-collar crime that occurs when a person entrusted with someone else’s property or funds misappropriates or misuses those assets for personal gain. Unlike larceny, embezzlement involves a breach of trust. In larceny, property is taken without any prior relationship or responsibility, while embezzlement occurs when a person abuses their position of trust.

Criminal Defense Strategies for Embezzlement Charges:

When facing embezzlement charges, it’s crucial to have a strong defense. Here are some strategies to consider:

• Prove Lack of Intent: One of the essential elements in an embezzlement case is intent. A skilled defense attorney like Kevin DeVore can work to demonstrate that you had no intent to commit embezzlement, such as misunderstanding your role or responsibilities.
• Challenge the Evidence: A thorough examination of the evidence is vital. Your attorney may argue that the prosecution’s evidence is insufficient or unreliable, creating reasonable doubt about your guilt.
• Negotiate a Plea Deal: In some cases, it may be in your best interest to negotiate a plea deal to reduce the charges or penalties. An experienced attorney can help you explore this option and achieve the most favorable outcome.
• Character References and Testimonies: Presenting character references and testimonies from colleagues or supervisors can help demonstrate your good character and integrity, making it more challenging for the prosecution to establish guilt.
• Investigate Your Accounting Practices: It’s essential to investigate your accounting practices to ensure compliance with the law and industry standards. Identifying discrepancies and addressing them can strengthen your defense.

Minnesota Penalties for Embezzlement Charges:

The penalties for embezzlement in Minnesota can vary based on the value of the misappropriated assets and other factors. Generally, embezzlement is classified as follows:

• Under $500: Petty misdemeanor, with a maximum fine of $300.
• $500 – $1,000: Misdemeanor, up to 90 days in jail and/or a fine of up to $1,000.
• $1,000 – $5,000: Gross misdemeanor, up to one year in jail and/or a fine of up to $3,000.
• Over $5,000: Felony, with imprisonment of up to 20 years and a fine of up to $100,000.

Keep in mind that these penalties can be severe and may have long-lasting consequences on your personal and professional life. It is crucial to consult a Minnesota white-collar crimes attorney like Kevin DeVore to build a solid defense tailored to your specific case.

Embezzlement charges can be complicated, but with the right legal representation and a strong defense strategy, you can navigate the legal process effectively. The difference between larceny and embezzlement lies in the breach of trust, making it essential to have a skilled attorney who understands the nuances of these charges. Contact Kevin DeVore, a seasoned Minnesota white-collar crimes attorney, to discuss your case and receive expert guidance on your legal options.