Being accused of embezzlement can be scary and overwhelming. Whether the allegations against you involve assets from the workplace, a nonprofit organization, or a dependent individual, the consequences of a conviction can be severe. Understanding your legal rights and options is crucial during this time. Continue reading for more information and contact a knowledgeable Pottstown criminal defense lawyer for skilled legal representation today.

What is Embezzlement in PA?

Embezzlement is widely known as the criminal offense of misusing or appropriating funds or property that were entrusted to you. However, Pennsylvania does not charge embezzlement as its own standalone crime. Instead, it is prosecuted under theft statutes such as theft by unlawful taking and theft by failure to make required disposition of funds received.

The closest statute is generally theft by failure to make required disposition of funds received. Under this law, a person commits theft when he or she “obtains property upon agreement, or subject to a known legal obligation, to make specified payments or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount…” and “intentionally deals with the property obtained as his own and fails to make the required payment or disposition.”

How is Embezzlement Different From Theft?

Typical theft involves taking someone else’s property without permission. Embezzlement is different because the offender already had legal access to the property and was entrusted with managing it, often due to employment or a fiduciary relationship, and then violates that trust by misusing the assets.

This distinction is important because the prosecution must show that the offender had the intent to deprive the owner of the property, not that they simply had possession of it.

What Are the Penalties for Embezzlement in PA?

Embezzlement is penalized under the associated theft statutes in Pennsylvania. Theft offenses are graded based on the value and type of property involved. In general, the standard sentencing guidelines are as follows.

  • Value of the property was less than $50: Third-degree misdemeanor, up to 1 year imprisonment
  • Value of the property was between $50 and $200: Second-degree misdemeanor, up to 2 years imprisonment
  • Value of the property was between $200 and $2,000: First-degree misdemeanor, up to 5 years imprisonment
  • Value of the property was greater than $2,000: Third-degree felony, up to 7 years imprisonment
  • Value of the property was between $100,000 and $500,000: Second-degree felony, up to 10 years imprisonment
  • Value of the property was greater than $500,000: First-degree felony, up to 20 years imprisonment

There are often additional consequences associated with a conviction, like significant fines, loss of certain legal rights, loss of professional licensing, and more.

When it comes to theft, other factors besides the value of the property can impact the charges against you. For example, your charges could be enhanced if the offense involved a firearm, anhydrous ammonia, a vehicle, or occurred during some sort of disaster. However, these circumstances may not apply to an embezzlement case.

The legal system can be complex, so it is highly recommended that you secure the help of an experienced professional. Contact Cohen & Patel today to discuss your situation with a skilled attorney.