Oklahoma Criminal Law
Kevin Adams - Tulsa Criminal Defense Lawyer
What to Expect When Facing an Oklahoma Embezzlement Charge
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What is Embezzlement under Oklahoma Law?
Embezzlement is the misappropriation of property entrusted to someone for a purpose other than what the property was intended for. Embezzlement includes more than theft. For example if a person "borrowed" money from their employer's petty cash without authorization until payday, technically that would be embezzlement even if the money was paid back without anyone knowing. A prosecutor does not have to prove that someone intended to deprive the owner of the property permanently, only that they used property or money entrusted to them for a purpose it was not intended for. Embezzlement cases are most frequently arise from employer-employee relationships, but they can arise from other situations as well.
The Oklahoma embezzlement statute can be found at Title 21 O.S. Section 1451. Embezzlement in Oklahoma can be charged as either a felony or a misdemeanor depending on the amount of money that has allegedly been embezzled. Accusations concerning amounts less than $1,000 are charged as a misdemeanor, while accusations concerning amounts of $1,000 or more are charged as felonies. The potential punishment ranges for embezzlement are as follows.
Will I go to Prison if I am charged with Embezzlement?
The majority of people facing embezzlement charges in Oklahoma state courts do not go to prison. So if you are a loved one is facing an embezzlement accusation and you are sitting around worrying about prison, stop worrying. There are a number of reasons people charged with embezzlement generally do not go to prison including:
First generally people charged with embezzlement have little to no criminal history. In state court for less serious crimes, defendants rarely go to prison without a criminal history.
It is a property crime embezzlement is a property crime and not a violent crime and someone is less likely to go to prison in state court for a property crime, especially if the amount of money involved is not too high.
Prosecutors and the embezzlement victims are generally more interested in restitution than in retribution
What will happen if I plead guilty to Embezzlement?
Assuming that you want to plead the case and resolve it, the most likely sentence is a deferred sentence for as long as it takes for you to repay the amount that was taken and to pay fines and costs. If you receive a deferred sentence, pay off all of the restitution, the fines and costs and stay out of trouble, at the end of the deferred sentence you will be allowed to withdraw your plea and the case will be dismissed and the court record will be sealed.
What should I do if I am Suspected or Accussed of Embezzlement?
- Do not give a statement to your employer, law enforcement or anyone.
- Contact an experienced criminal defense lawyer with experience in embezzlement cases. Avoiding a felony conviction is money well spent. If you are facing an embezzlement charge hire a criminal defense lawyer that has experience handling embezzlement cases so that the can guide you through this process.
- Avoid any lawyer that is trying to scare and/or pressure you. Some lawyers try to scare their clients so they can get higher fees or pressure them to hire them right now. Any lawyer doing this is manipulating you and you should avoid them.
- Get some money together for a bondsman so you can bond out of jail if charged. Read this before hiring a bondsman.
- If money is tight, make sure you have enough money to hire a bondsman before you hire a lawyer. Often times people's first instinct when they are accussed of a crime is to run out and hire a lawyer. Often times the only thing a criminal lawyer can do is to explain what you should expect and tell you not to give a statement to your employer, law enforcement or anyone. In Tulsa County and most counties in Oklahoma a defendant can get 30 days or more to hire a lawyer after they bond out of jail. However, if they spend all of their money on a lawyer and do not have the money to bond out of jail they can get stuck in jail, unable to work and pay their bills and end up loosing their car or truck and their house or apartment. If you are planning on bonding out of jail and hiring a lawyer so you can keep working and supporting yourself and/or your family, make sure you have the money to bond out first.
- Whether or not you plan on pleading the case or trying the case to a jury, you should seriously consdier hiring a trial lawyer.