Like all types of theft, embezzlement is spelled out in Chapter 31 of the Texas Penal Code. It is considered a white-collar crime because it entails withholding funds from one’s employer. Embezzlement includes, but is not limited to the:
- Falsification of documents
- Concealment of key information
- Unauthorized transfer of money or property
- Creation of “ghost” records
Determining the Severity of Charges
Embezzlement charges are usually classified as misdemeanors, but they may be tried as felonies if large amounts of assets were allegedly taken. The number of previous offenses may also increase the severity of one’s charges, as single incidents are thought of as lapses in judgment, rather than components of wider conspiracies.
Defending Against Charges
Several factors can be used as affirmative defenses against accusations of embezzlement. These defenses do not purge the alleged offender of guilt, but instead serve to mitigate the crime and reduce any ensuing penalties. Here are some examples of affirmative defenses against embezzlement charges:
- Honest mistakes in recordkeeping
- Attempts to return the property to their rightful owners
- Lack of intent
Standing up for Your Rights
Houston embezzlement lawyer James Alston knows that being prosecuted for embezzlement charges is serious, even if the crime is classified as a misdemeanor. An embezzlement conviction can have an overwhelmingly negative effect on one’s reputation and prospective eligibility for employment. Individuals who are accused of embezzlement should hire an experienced lawyer because their entire futures are on the line.
Each set of facts is unique, and that is why Houston embezzlement attorney James Alston makes sure that prosecutors offer sufficient evidence and prove that the defendants had intentions to embezzle. Attorney Alston has worked previously as a Harris County prosecutor. He uses that experience to help his clients put up an aggressive defense in court.
Call a Houston Embezzlement Lawyer
If you or someone you know is facing charges of embezzlement, contact attorney James Alston. He will offer a free consultation to the accused. This can be beneficial because those who are charged with white-collar crimes deserve to know their rights.
Get your questions answered - call me for your free telephone consultation at (713) 228-1400