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NYC Theft Crime: Embezzlement Penalties

Embezzlement is a crime that comes with significant dollar amounts. The higher the value of the money stolen, the greater the potential penalties. People can be tried on embezzlement charges in both federal and state court. On a state level, the potential penalties vary slightly from statute to statute.

When a person is arrested on embezzlement charges, the prosecutor will typically make a request for a specific bail amount so that the individual can be kept from using the bail money for their own purposes. The goal there is to be certain that the individual remains in custody until their stolen money has been posted as bail. As long as they remain in custody, they can’t abuse or spend the money

If you’re suspected of any crime, you should get in contact with a lawyer right away. It’s particularly important with embezzlement charges, though. Embezzlement penalties can be extremely severe, and you’ll want a lawyer to help form a strategic defense and explain your options. A skilled attorney can help to lessen the charges against you or get them dismissed entirely.

Surety Hearing

The prosecution might ask that the judge give them a surety hearing. This is a hearing that determines whether the bail money has been stolen. One example would be if a person posts $100,000 for their bail. The prosecutor may ask that they have a chance to review where the money came from for 72 hours before the individual is released.

If the prosecutors find that the money used is the same money that the person stole, the individual will not be able to use it as bail money. They will need to find bail money from another source. They also won’t get back the money that they stole. This can put people in a tough position, and they might be placed in custody in a number of different jails throughout different counties.

Consequences of Embezzlement

The severity of embezzlement charges depends on the amount of money that you’re said to have stolen. Different degrees are broken up by different dollar amounts. The higher the amount gets, the more severe a felony it is. The more money you steal, the greater the chance that you’ll suffer a long-term prison sentence. You will have a seriously decreased ability to maintain your lifestyle, even if you manage to escape incarceration or get a shorter jail sentence.

The reason for this is the indelible nature of the crime. Embezzlement crimes don’t go away, and they cannot be filed or expunged from your record. If you’re a public figure, there’s a good chance that the media will follow these crimes or dig them up in your past. This can be devastating to a person’s reputation. As for the legal penalties, they vary depending on the circumstances surrounding the crime.

Christine Twomey
Christine Twomey
2024-03-21
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Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
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2024-03-12
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2024-03-12
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2024-02-28
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divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Aggravating Factors

The first factor that will be considered is how much money was embezzled. If you embezzle more than a thousand dollars, that’s a class E felony. More than three thousand dollars makes it a class D felony. Over fifty thousand dollars is a class C felony, while over one million dollars is a class B felony.

Another factor taken into consideration is the person’s prior criminal history. In some states, if you have any felony convictions within a certain period of time, a second felony conviction comes with mandatory jail time. A judge will also consider whether you have a history of white collar crime. If you’re a repeat offender, you’re more likely to get a higher sentence. The DA’s office may dig into your past and find other charges to bring against you in addition to the initial embezzlement charge.

All of these factors are taken into consideration when a prosecutor and a judge set a person’s bail and determine whether any plea negotiation will be opened.

Misconceptions

Some people have misconceptions about what embezzlement is. One is the belief that stealing from a company will not affect any individuals because the company has enough insurance to deal with the damage. While this does happen sometimes, there are other times that embezzlement can be a deciding factor in a company’s bankruptcy or drastic layoffs. There’s no guarantee that insurance will cover all theft.

People have a misconception that white-collar crime is always victimless, and that white-collar crime isn’t serious enough to be prosecuted. The DA’s office employs special investigators specifically to deal with white collar crime. You can and will end up in prison for years if you don’t get adequate legal counsel.

Some prosecutors are solely employed to investigate embezzlement and fraud offenses. These prosecutors are experts at what they do. They spend their entire careers perfecting cases against defendants. To protect against them, you need a defense lawyer who’s equally experienced.

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