Louisiana Criminal Defense Lawyer

Embezzlement


Embezzlement in the state of Louisiana is defined as, keeping personal property for yourself after someone else has transferred it to you. This is considered financial fraud.

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Embezzlement is considered a white collar crime. It constitutes taking personal property of another person, property which had been entrusted to you.

Louisiana Embezzlement Laws and Penalties

There are five elements to a charge of embezzlement, at the state level, in Louisiana:

  1. Fraud
  2. Conversion
  3. Property
  4. Person
  5. Lawful possession of said property

Generally speaking the act of embezzlement is premeditated. That means that there is a specific intent to conceal the activities from others because the illegal actions are committed without their consent or their knowledge. Embezzlement takes place when a trusted individual takes a small amount of money without the knowledge or consent of the other.

The process of embezzlement generally includes only a small amount of money so that the amount goes undetected. Should the amount remain undetected, then the same small amounts can be removed continually over the course of weeks, months, years, or decades, amounting to much more. It is generally only when the victim needs the money that they find it is missing.

Common penalties for charges of embezzlement include up to 10 years for the embezzlement of public funds, probation, fees, restitution, and/or community service, depending on the particular case.

Defense Strategies for Louisiana Embezzlement Charges

With the use of a defense attorney, you can defend against charges of embezzlement. These include things such as insufficient evidence, the lack of intent to commit the crime, entrapment, duress, intoxication, insanity, or incapacity.

Another defense for embezzlement includes repayment of the money which was taken or returning the property which was taken. This can result in a lesser sentence, but it might also not result in anything, depending on the extent to which money was embezzled, and the harm it caused, as well as the manner in which the embezzled items are repaid.

Another argument includes not knowing that you were embezzling, depending on the state of mind of the convicted. If the embezzler thought they were entitled to the money then this can be a potential defense. If they took the money but did not know that it was embezzlement, however, that is not a defense. Not knowing the law is not a defense for any crime in the state of Louisiana.

Get Help with a Louisiana Embezzlement Charge

With a defense attorney in the state of Louisiana, you can hope to establish your innocence in an embezzlement case by proving that you did not perform each of the five elements listed above. Disproving any of the aforementioned elements or all of them can vindicate you from charges of embezzlement.

With the help of an experienced defense attorney, you can greatly reduce the adverse effects a charge of embezzlement will have your future employment opportunities through negotiations before and during a criminal trial.