What is the crime of Michigan Embezzlement?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 26, 2022

A Michigan embezzlement charge involves theft of assets, usually money, from an organization such as a business or government institution. This charge involves someone entrusted with handling funds who converts, without permission, the money or property for their personal use. If you are facing embezzlement charges, it is important to seek legal advice immediately so that you can explore your options for defending yourself against these serious charges.

Elements of a Michigan Embezzlement charge.

To convict some of embezzlement, prosecutors must prove beyond a reasonable doubt all the elements of the crime. The elements of embezzlement, MCL 750.174, are:

• the money in question must belong to the principal
• the defendant must have a relationship of trust with the principal as an agent or employee
• the money must come into the defendant’s possession because of the relationship of trust
• the defendant dishonestly disposed of or converted the money to his own use or secreted the money
• the act must be without the consent of the principal
• at the time of conversion, the defendant intended to defraud or cheat the principal

One key characteristic of embezzlement is that an element of trust must be involved when the funds or assets are taken. For example, if a bank had given you authority to handle the funds and then you took the money from the bank without authorization for your personal use, they would consider this embezzlement.

To prove that you committed an embezzlement, prosecutors must show that you had the intent to take money or other assets from an organization that trusted you with these responsibilities. This can sometimes be difficult where there are no witnesses and no evidence beyond the money trial that ties back to you. You must work with an experienced criminal defense attorney who can help you build a strong defense and fight against these serious charges.

If you are facing charges for embezzlement, it is important to understand the consequences of a conviction so that you can take steps now to protect your future and work towards achieving the best possible outcome in your case. An embezzlement conviction could result in significant fines or time in prison. A conviction could damage your professional reputation and make it more difficult for you to gain employment in the future. With so much at stake, it is essential to seek legal guidance as soon as possible so that you can start building your defense.

Penalties for an embezzlement conviction

The type of punishment depends on the value or type of property embezzled, with the possibility of increased penalties for defendants with previous felony convictions. MCL 750.174.

The amount of money or the property’s value determines the penalties for Michigan embezzlement.  

• Property or money valued at less than $200.  The defendant would be guilty of a misdemeanor with a maximum of 93 days in jail, a fine that does not exceed $500 or 3 times the amount embezzled, whichever is greater.
• Property or money of at least $200 or more, but less than $1,000.  The defendant would be guilty of a misdemeanor with a maximum of one year in jail. A court could impose a fine of up to $2000 or three times the amount embezzled, whichever is greater. Note that, if the defendant embezzled from a nonprofit organization or charity or has more than one conviction under this statute, the penalty would be increased to a felony with a sentence of up to 5 years in prison and a fine of $10,000 or three times the amount embezzled, whichever is greater.
• Property or money of at least $1,000 or more, but less than $20,000.   The defendant would be guilty of a felony with a prison sentence of not more than five years and a fine of $10,000 or three times the amount embezzled, whichever is greater. However, if a nonprofit or charity had been embezzled by the defendant, or has two or more convictions under this law then the defendant could face a sentence of up to 10 years in prison and a fine of $15,000 or three times the amount embezzled, whichever is greater.
• Property or money of at least $20,000 or more, but less than $50,000.  The defendant could fae up to 10 years in prison with a fine of up to $15,000 or three times the amount, whichever is greater.
• Property of at least $50,000 or more, but less than $100,000. The defendant could face up to fifteen years in prison and a fine of $25,000 or three times the amount embezzled, whichever is greater.
• Property or money of $100,000 or more. The defendant could face a sentence of up to twenty years in prison and a fine of $50,000 or three times the amount embezzled, whichever is greater. 

In our experience, anxiety and stress about meeting financial obligations drive many people toward embezzlement as a way of dealing with their financial problems.

An embezzlement crime differs from larceny because the person charged with embezzlement was in a position of trust when they took the property. This means that your employer entrusted you with handling money, but you converted the funds for your personal use. Common cases include employees who work at cash registers and manipulate transactions to pocket the money.

Regardless of the reason, embezzlement is a serious crime that can have long-term consequences for both the person charged. The court could order anyone convicted of embezzlement to pay restitution, meaning the court will expect them to repay the amount they took.

Many people who charged with embezzlement choose to seek legal counsel at an early stage to better prepare their defense and protect their rights throughout this process. An attorney can help you understand your rights and options, as well as the potential consequences of embezzlement and how to mitigate these risks. An attorney can explain many ways to deal with this situation if it should arise.

If you or someone you know has been charged with embezzlement in Michigan, it is crucial to take the time to learn more about this offense and what your options are. By educating yourself and working with a skilled legal professional, you may minimize the impact of this crime on your life.

Defense strategies for a Michigan embezzlement charge.

The defenses available for Michigan embezzlement charges depend on the specific facts of the case and the circumstances of the alleged offense. Potential defenses may include lack of criminal intent, the amount allegedly embezzled being inflated, or lack of sufficient evidence to support a conviction, among others. If you are facing charges of Michigan embezzlement, it is important to seek legal representation from an experienced criminal defense attorney who can help you explore your available options and build the strongest possible defense on your behalf.

One of the most common defenses to embezzlement charges is lack of criminal intent. In order to be convicted of embezzlement, a prosecutor must show that a person took property that was entrusted to them and used it for their own personal benefit. If by mistake someone took the property or with no criminal intent, then this may be considered an innocent mistake rather than embezzlement. If you can show that you had permission or consent from the owner of the property to take and use it for your own benefit, this may also be considered a valid defense to embezzlement charges.

A second potential defense to embezzlement charges is factual innocence. If you are facing embezzlement charges based on the testimony of a witness who claims you are the perpetrator of the alleged crime, your attorney may investigate this claim further and show that another person is actually responsible for the offense. This may involve reviewing any documentary and accounting records, witness statements, among other evidence, to determine whether there are any inconsistencies or inaccuracies that could cast doubt on the prosecution’s case against you.

Insufficient evidence to support a conviction for embezzlement is also a valid defense. Often, prosecutors will attempt to secure convictions in embezzlement cases based on circumstantial evidence alone. However, there must be proof beyond a reasonable doubt of the person’s guilt for a conviction to be upheld, and your attorney may challenge the prosecution’s case by examining the evidence, interviewing witnesses, and conducting their own investigation into the alleged offense.

Restitution or repayment is one of the most common ways to mitigate the crime of embezzlement. While this is not technically a defense, this approach typically involves the offender paying back embezzled funds. An attorney may do this through plea negotiations, allowing the individual to pay off the debt in exchange for a reduced charge.

Restitution, or repayment, is punishment often used in embezzlement cases to help mitigate the impact of the crime on the victim. One of the primary goals of restitution is to make the victim “whole” again after the defendant has wronged them. But an attorney can use payment of restitution as a tool to negotiate a favorable deal for you.

While there are many potential defenses that can be used in embezzlement cases, it is important to work with an experienced criminal defense attorney who can aggressively defend your rights and help you secure the best possible outcome under the circumstances of your case. To learn more about your legal options, contact a local criminal defense lawyer today.

An experienced criminal defense attorney will provide critical help for your embezzlement charge.

Contact a criminal defense lawyer today if you are facing embezzlement charges and would like help in exploring your legal options. They can help you determine which defenses may be available in your case and fight to protect your rights and interests. It may even be possible to negotiate a favorable plea agreement or have the charges reduced. With the right legal representation, you can get the support and guidance you need throughout this process and work towards achieving a positive outcome.

Although property theft charges have their own statutory laws that govern the penalties and consequences, a local criminal defense lawyer will help you assess the strength of the case and how cases similar to yours are handled by the prosecutors and judges at your courthouse. An experienced lawyer will also be able to advise you on possible alternatives to criminal punishment. This could include paying back the money, court fees, and any other costs.

If you are facing embezzlement charges, or a theft crime such as false pretenses, Michigan larceny, or retail fraud, it is important to seek legal representation from a law firm with experience handling these cases. At Czarnecki & Taylor, we have over twenty years handling criminal defense matters and a proven track record of success in Michigan embezzlement cases. Our legal team has the skill and knowledge necessary to help you navigate the complexities of your case and protect your rights throughout the process.

Here is a sampling of the results we achieved for clients facing Michigan embezzlement charges:

• Macomb County Circuit Court, felony embezzlement over $1,000,000.00 from car dealership
  Result: 20 year embezzlement felony reduced to disorderly conduct under a delayed sentence – applied retroactively, resulting in CASE DISMISSED
• Macomb County Circuit Court, felony embezzlement, over $200,000.00:
  Result: Reduced to a misdemeanor
• Macomb County Circuit Court, fraud by trustee of estate, sued for more than $500,000  Result: Reduced to $10,000 settlement
• Oakland County Circuit Court, felony embezzlement of more than $100,000 Result: case reduced to a misdemeanor
• numerous misdemeanor embezzlement cases across Macomb and Oakland County

If charged with embezzlement, it is imperative you seek legal representation from experienced attorneys who can help protect your rights and work towards minimizing or eliminating the consequences you face. At the Law Offices of Czarnecki & Taylor, we will advocate tirelessly on your behalf to help ensure that you receive a favorable outcome in your case. Contact us today to learn more about how we can assist you during this difficult time.

Contact Czarnecki & Taylor

If you are facing criminal charges, contact our law office today to learn more about how we can help. We look forward to working with you. At Czarnecki & Taylor, we have experience handling every type of criminal charge. Our team’s solid track record for success is unrivaled.

If you are facing a charge Michigan false pretenses or fraud, we can help you get through this situation. Czarnecki & Taylor‘s experienced attorneys will handle your case with care and help you through every step of the process.

For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.