Facing Buffalo, NY Embezzlement Charges? Your Legal Rights

Facing Embezzlement Charges in Buffalo, NY? Your Legal Rights

Getting charged with embezzlement can be scary. But don’t panic! This article will walk you through what embezzlement is, what the charges and penalties are, and most importantly—your legal rights and defense options if you’re facing embezzlement accusations in Buffalo, NY.

What is Embezzlement?

Embezzlement is a type of financial fraud crime where someone who was entrusted to manage or monitor someone else’s money or property steals all or part of it for personal gain. Some examples are:

• An employee taking money from their employer
• Someone mishandling client funds or assets
• A banker misusing account holder money

Unlike theft, embezzlement doesn’t always involve force or illegal entry. The person had legal access to the funds or property but abused their position of trust to steal.

Embezzlement Charges and Penalties in New York

In New York State, embezzlement and other types of larceny (theft) charges range from petit larceny to grand larceny depending on the value of what was stolen:

• Petit Larceny – Stole property valued under $1,000. This is a misdemeanor with up to 1 year in jail.
• Grand Larceny in the 4th Degree – Stole property valued over $1,000. Class E felony up to 4 years in prison.
• Grand Larceny in the 3rd Degree – Stole property valued over $3,000. Class D felony up to 7 years in prison.
• Grand Larceny in the 2nd Degree – Stole property valued over $50,000. Class C felony up to 15 years in prison.
• Grand Larceny in the 1st Degree – Stole property valued over $1 million. Class B felony up to 25 years in prison.

If you’re convicted of embezzlement in Buffalo, NY, you may also face:

• Probation or parole supervision
• Fines up to $5,000 or double the amount stolen
• Restitution to repay what was stolen
• Forfeiture of assets or property
• Loss of professional licenses

The consequences can be severe, so don’t wait to get experienced legal help on your side.

Your Legal Rights if Facing Charges

The US Constitution grants all citizens accused of crimes certain rights and protections. Here are some of your key legal rights if you’ve been charged with embezzlement in Buffalo:

Right to Remain Silent

You have the right to remain silent when questioned by police or prosecutors. Anything you say can be used against you, so it’s usually best to avoid answering questions without your lawyer present. Don’t try justifying your actions or making excuses – it can only hurt your case.

Right to an Attorney

You have the right to hire an attorney to represent you or have one appointed if you can’t afford it. An experienced NY embezzlement defense lawyer can protect your rights, build the strongest defense, and negotiate with prosecutors for reduced charges or alternate resolutions.

Presumption of Innocence

You are presumed innocent unless the prosecution can prove guilt beyond a reasonable doubt. They have the burden of proving every element of embezzlement – that property was entrusted to you, you were not the owner, and you intentionally stole or misused it.

Right to Trial by Jury

You have the right to a speedy trial by an impartial jury in Buffalo City or County court. At trial, the prosecution has to present sufficient evidence and prove guilt, while your lawyer challenges their case. With an acquittal, the charges are dismissed.

Right to Appeal

If you are convicted, you have the right to appeal the verdict and sentence. An appeals lawyer can review the trial for legal errors or insufficient evidence and try to get the conviction overturned.

Possible Defenses Against Embezzlement Charges

There are several legal defenses that could defeat embezzlement allegations against you. Here are some common defenses:

You Didn’t Steal Anything

If the prosecution can’t prove you actually took money or property, the charges should be dismissed. Your lawyer can argue lack of evidence or an alternative explanation.

No Criminal Intent

If there’s evidence showing you fully intended to return borrowed funds or made an accounting mistake without criminal intent, it weakens the prosecution’s case.

Authorized Use

If you can show you had permission to use the employer’s property or withdraw the funds in question, it undercuts claims of misuse.

Good Faith

If you can demonstrate you had a good faith belief that you had authority over the property or that the owner consented, you may be able to avoid conviction.

Duress or Coercion

If you can prove you were forced or coerced into the illegal actions by threats of harm, it may provide a legal defense.

Get an Experienced Embezzlement Lawyer

Don’t go through embezzlement charges alone. An experienced criminal defense attorney can protect your rights, build the strongest defense, and get charges reduced or dismissed. They know how to challenge the prosecution’s evidence and present effective legal defenses.

If you are under investigation or facing charges for embezzlement in Buffalo, NY, get legal help immediately. A knowledgeable lawyer will act fast to start building your defense for the best possible outcome.

Sources:

• New York Consolidated Laws, Penal Law – PEN § 155.00 | FindLaw
• New York Consolidated Laws, Penal Law – PEN § 155.25 | FindLaw
• New York Consolidated Laws, Penal Law – PEN § 155.30 | FindLaw
• New York Consolidated Laws, Penal Law – PEN § 155.35 | FindLaw
• New York Consolidated Laws, Penal Law – PEN § 155.40 | FindLaw
• Embezzlement | Lawyers.com