Building an Understanding of Fraud Charges

Nothing in New York Penal Law delineates a specific criminal charge for the unique act of embezzlement. Instead, this crime is addressed in New York Penal Law §155.05, which includes embezzlement as one of many definitions of larceny.

Embezzlement’s Legal Definition in Syracuse

The concept of embezzlement itself involves the theft of property from another party that entrusted the property with the thief. In other words, embezzlement occurs whenever a person who has a duty to protect property placed in their care takes that property for their own use.

This definition means that embezzlement could involve both money and physical property. Therefore, an employee who takes $50 out of a deposit bag sent to a bank is just as guilty of embezzlement as an employee who takes a company car for a joyride and never returns it.

Potential Consequences for Conviction

Like all larceny crimes, embezzlement is punished according to the value of the items stolen. Any theft of some combination of property worth under $1,000 is considered petit larceny, a class A misdemeanor under NYPL §155.25. If the value of items stolen exceeds $1,000, though, the charge may be upgraded to a felony and should be immediatly addressed with a Syracuse embezzlement attorney.

NYPL §§155.30 through 155.42 define grand larceny in the fourth degree up to the first degree, with the latter being the most severe charge. A theft of items worth between $1,000 and $3,000 could be charged as fourth-degree grand larceny, while third-degree grand larceny involves a total monetary value of between $3,000 and $50,000. Between $50,000 and $1 million in property stolen denotes a potential second-degree grand larceny charge, and any theft of over $1 million qualifies as first-degree grand larceny.

Respectively, these charges are felonies of classes E, D, C, and B, and no matter the category of charge, a conviction could result in a jail sentence of a year or more. Courts are more likely to sentence a guilty party to a jail term in cases involving embezzlement, due to the violation of the owner’s trust that the defendant’s taking of property entailed.

Contact a Syracuse Embezzlement Attorney Today

Charges involving embezzlement are tried under New York’s larceny laws. As such, the severity of the available penalties can range from simple misdemeanors to severe felonies. In light of this, you may need to take every available opportunity to protect themselves, which in many cases could include hiring a Syracuse embezzlement lawyer to handle the case.

The attorneys at Tully Rinckey PLLC could work on your behalf to protect your rights, achieve your goals, and increase your chances for a positive outcome. The sooner a lawyer could get to work on a case, the more likely it may be that they could help. Call today at (315) 492-4700 or email to schedule a consultation.

Case Consultations