Louisiana Embezzlement Attorney

What is Embezzlement?

Embezzlement is a theft involving an individual taking money or property they were in charge of safekeeping. This violation of trust often occurs between employees and their employers or employees and their customers, like those in a banking situation. These crimes have varying levels of punishment, depending on a number of factors, such as:

• The amount of money or property stolen
• If the defrauded victim has a special status like disability or age
• Previous criminal history

This is not a definitive list of situations that may affect sentencing when convicted of this crime, but regardless, Louisiana has harsh penalties for embezzlers.

Louisiana Embezzlement Law

When charged with embezzlement by the state of Louisiana, the actual language of your violation will read “theft by misappropriation without violence.” Revised Statute 14:67 (A) demonstrates a clear difference between embezzlement from other, more violent types of theft like armed robbery or burglary.

There are three aspects to this law that the prosecution must prove to convict the defendant:

• The defendant took property without either victim’s consent or by way of fraudulent practices
• The theft occurred without violence
• And the intention was to take the victim’s property permanently 

Proving all three of these conditions could result in a conviction, and the penalties are very harsh since embezzlement is usually a felony in the state of Louisiana. 

Penalties for Embezzlement in Louisiana

A misdemeanor is possible if the total value of the stolen property is under $300. Still, the punishment is severe; one could face up to six months in prison and/or fines of up to $1,000. Theft convictions of this nature that demonstrated stolen property values of more than $300 will bring up to ten years in prison and/or a fine of up to $3,000.  

In addition to fines and jail time, punishments may also include:

• Restitution
• Community service
• Job restrictions
• Loss of professional licensing and certifications
• Other sentences deemed appropriate by the court

When a defendant faces embezzlement charges for multiple occurrences, each act will get counted separately, and the penalties added together. This could mean nearly a lifetime in prison for someone who gets convicted. If found guilty, one is also required to disclose their felony record when applying for employment or having a background check performed.  

Federal Charges for Embezzlement

Many times this crime falls under federal jurisdiction as the theft occurred as a commercial transaction. Enforcement of national securities, trade, and exchange laws against embezzlement is a serious situation with severe consequences as well, which are similar to that of state punishments.  

Defendants often face charges from both state and federal government agencies, which means double the trouble, court case length, and attorney costs. The severity of this crime and the actions taken by the courts should encourage anyone facing this situation to seek a seasoned defense attorney right away.