Asheville Embezzlement Lawyer

Embezzlement Attorney in Asheville, NC

Suppose you have been entrusted with handling another party’s finances or property, like in a corporate or organizational setting. In this case, you risk being accused of embezzlement and getting charged in court.

Embezzlement is a white-collar crime that involves a breach of trust and theft of finances or property (assets) that was under your watch. You must take the accusations seriously if you are accused of embezzlement in Asheville, NC. Make sure you speak to an Asheville embezzlement lawyer as soon as possible and seek legal defense.

While financial crimes like embezzlement appear less concerning than violent crimes, they are categorized as serious felonies under North Carolina state law. You could face steep fines and a lengthy jail sentence if convicted of embezzlement.

At Edwards Law, we provide top-notch white-collar crime defense services across Western North Carolina. Call (828) 702-8743 to discuss your embezzlement case with a competent embezzlement defense lawyer from Asheville, NC.

What Is the Legal Definition of Embezzlement?

Embezzlement cases can be pretty complex as the accused person is usually the one who was tasked with safeguarding the assets that have been stolen. North Carolina state law establishes several classifications under which a person can commit the offense of embezzlement.

It’s unlawful for an officer or other person tasked with safekeeping, passing on, or disbursing public funds to pocket the said funds. This implies that the party entrusted with money or property by another must act in a rationally expected manner with the said assets.

A vital component of North Carolina’s legal definition of embezzlement is that the accused must have been aware that the funds weren’t intended for their use when they took it.

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For instance, if a Chief Financial Officer (CFO) skimmed the company’s money to buy themselves a holiday home, they likely committed embezzlement. The CFO undoubtedly had a formal responsibility over the funds, given their position in the corporation. They were also aware that the money they took wasn’t meant to be utilized for their gain.

Some common examples of embezzlement include:

• Fraudulent disbursement through forged checks and forged invoices.
• Cash larceny (skimming cash after it’s recorded).
• Non-register sales (pocketing cash before payments enter the company’s accounts).
• Stealing company property like laptops or phones.

The federal government may enter into a North Carolina embezzlement case and charge the accused individual if the alleged crime involves federal government assets. An accomplished Asheville embezzlement lawyer can examine the facts of your case and come up with a solid defense to absolve you of the accusations or get you a lighter sentence.

What Are the Penalties Associated With Embezzlement Crimes?

The penalties you could face if convicted of embezzlement in North Carolina largely depend on the value of assets you allegedly stole and the nature of your relationship and the victim organization or corporation.

If you are an employee of the victim corporation, you could face a Class C felony charge if the assets involved are valued at $100,000 or greater. If the embezzled assets are valued at less than $100,000, you can be charged with a Class H felony.

If you are a public employee or official accused of embezzling funds or property amounting to more than $100,000, you could face a Class C felony charge. If the funds and property involved were less than $100,000, you could face a Class F felony charge.

The penalties for these felony embezzlement classifications for persons with no criminal record in North Carolina include:

• Class C felony: Imprisonment for up to 123 months
• Class F felony: Community punishment or imprisonment for up to 33 months
• Class H felony: Community punishment or imprisonment for up to 19 months

Other penalties you may receive include imposition costs of prosecution and potential fines. You could also be asked to pay the victim restitution — the value of the assets you embezzled.

If you embezzle federal government funds or property in North Carolina, the federal government will likely charge you with a federal crime. Penalties for federal embezzlement for assets valued over $1,000 include potential fines and up to 10 years imprisonment. If the assets involved are under $1000, you face possible fines and up to one-year imprisonment.

Remember that an embezzlement conviction means you will have a criminal record, which could have other lifelong consequences. These consequences could include difficulty finding and keeping education, employment, and housing opportunities. Hiring a competent criminal defense lawyer from Edwards Law to defend you against the embezzlement charges you are facing will help you get a better outcome.

Potential Defenses for Charges of Embezzling

The causes and disastrous effects of occupational fraud are outlined in ACFE’s most recent report, Occupational Fraud 2024: A Report to Nations. This most recent report examines the frauds that were looked into after COVID, from January 2022 to September 2023. More than $3.1 billion was lost in 1,921 cases from 138 nations that were included in the research.

The prosecution carries the burden of proof for both state and federal embezzlement cases in North Carolina. The prosecution must meet the following criteria to support the embezzlement charge against you in court:

• A fiduciary relationship (a relationship where the first party places complete confidence, trust, and reliance on the second party to act in the greatest interests of the first party) existed between you and the victim.
• You took advantage of the fiduciary relationship to steal the assets.
• Your actions were intentional.
• You took control of the stolen assets or transferred them to another party.

There are numerous potential defense tactics that Doug Edwards can apply in your embezzlement case to get you the best outcome, including:

• Investigating your embezzlement case to dig up new evidence we can utilize to defend you. We can unearth new evidence that could help us pursue your acquittal.
• Challenging the weaknesses in the evidence produced by the prosecution to fight for a reduction or dismissal of your charges.
• Challenging the existence of a fiduciary relationship.

Your embezzlement lawyer in Asheville, NC, can argue that the prosecution evidence doesn’t prove a fiduciary relationship existed between you and the victim. If the prosecution can’t demonstrate a fiduciary relationship, your embezzlement charge will be reduced to larceny.

Why Hire an Embezzlement Lawyer With Edwards Law, PLLC

If you have been charged with embezzlement, you want an attorney who has the credentials and courtroom experience necessary to help you. Doug Edwards is not only a former Asheville prosecutor but also has over 10 years of criminal case experience in Buncombe County.

Doug has also been the former First Assistant District Attorney (Buncombe County) and is a Board-Certified Specialist in State Criminal Law. Board certification is only awarded to a small percentage of attorneys in North Carolina. It is proof that an attorney has gone above and beyond their peers in experience and knowledge.

These qualifications are invaluable when defending against embezzlement charges. These cases are frequently document-intensive, with complex finances, and the prosecution’s entire case often rests on demonstrating the defendant’s specific intent. Having previously served as a prosecutor, Doug has valuable insight into how D.A.s assess fiduciary duties, property value limits, and the crucial evidence that informs their charging decisions.

This knowledge affords his clients a unique advantage during negotiations, charging discussions, and trials. When your career, reputation, and freedom are on the line, hire an embezzlement lawyer who knows how the prosecutor works to build their white-collar crime case against you.

FAQs

What Are the Embezzlement Laws in NC?

North Carolina primarily uses N.C. Gen. Stat. § 14-90 to prosecute embezzlement. A person having control over money or property of another by virtue of their office as an employee, officer, or fiduciary is guilty of embezzlement if they unlawfully and fraudulently convert that money or property to their own use. Embezzlement is distinguished from larceny by the fact that the defendant initially had access to the property legally.

What Are the Elements of Embezzlement?

The essential elements which the State must establish to prove embezzlement are usually: that a fiduciary relationship existed, that is, property was entrusted to the defendant; that the defendant fraudulently converted or misapplied the property; that the defendant acted with intent; and that the property belonged to another. The prosecution has the burden of proving these elements beyond a reasonable doubt.

What Amount of Embezzlement Is a Felony in NC?

In North Carolina, embezzlement is usually charged as a felony, no matter how much money is involved. The degree of the felony varies depending on the amount taken. Embezzlement of $100,000 or more can lead to enhanced felony charges, such as a Class C felony. For lesser amounts, embezzlement is usually charged as a low-level felony.

How Much Does an Embezzlement Lawyer Charge in NC?

How much an embezzlement lawyer charges in NC depends on a number of factors, including the complexity of the case, the number and severity of the charges involved, and the experience, location, and reputation of the criminal defense attorney. Be sure to ask about fees, fee structure, and payment during your initial consultation with your lawyer.

Book Your Free Case Review With an Asheville Embezzlement Lawyer Today

You can trust our legal team to dedicate all its efforts towards securing you the most favorable possible outcome. At Edwards Law, PLLC, Doug Edwards has been providing criminal defense to persons accused of white-collar crimes, such as embezzlement, in Asheville, NC, for years.

Contact our office or call (828) 547-4515 right away for a free case evaluation. Let us help you with your Asheville embezzlement case.

Edwards Law, PLLC – Asheville, NC Office

38 Arlington St, Asheville,
NC 28801, United States

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