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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com
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| EMBEZZLEMENT |
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What is Embezzlement? |
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Embezzlement is having the right to hold someone else’s money or property because of your position, but using it for your own benefit. |
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Examples:
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Penalties:
The penalties for embezzlement depend on the value of the property stolen:
Value of $20,000 or more: up to 10 years in prison and/or up to $15,000 Value of $1,000-$20,000: up to 5 years in prison and/or up to $10,000 Value of $200-$1,000: up to 1 year in jail and/or $2,000 Value less than $200: up to 93 days in jail and/or $500
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What Defenses Are There? |
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No relationship of trust: |
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The alleged perpetrator was not an employee or agent of the person or entity the property was stolen from. |
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Consent: |
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The actual owner of the property agreed to let the alleged perpetrator have it or use it. |
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Lack of intend: |
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The alleged perpetrator did not intent to permanently keep the property, but just to use it for a short period of time. |
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Claim of right: |
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the alleged perpetrator actually owned the property or the actual owner of the property intended to give it to the alleged perpetrator. |
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Jury Instruction: |
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The defendant is charged with the crime of embezzlement. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt: -
First, that the [money / property] belongs to [name principal].
Second, that the defendant had a relationship of trust with [name principal] because the defendant was [define relationship]. Third, that the defendant obtained possession or control of the [money / property] because of this relationship.
Fourth, that the defendant [Choose (a), (b), or (c):]
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dishonestly disposed of the [money / property].
converted the [money / property] to his own use. took or hid the [money / property] with the intent to convert it to [his / her] own use without the consent of [name principal].
Fifth, that at the time the defendant did this, he intended to defraud or cheat [name principal] of some property. -
Sixth, that the fair market value of the property or amount of money embezzled was:
[Choose only one of the following unless instructing on lesser offenses:]
$20,000 or more. $1,000 or more, but less than $20,000. $200 or more, but less than $1,000. some amount less than $200.
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Why Should You Hire the Ambrose Law Group? |
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Not all law firms are the same! Where most Criminal Defense Attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National Criminal Defense College, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.
We engage in full discovery in every case. We can’t advise you on the best course of action in your case until we know everything about it. When we are hired, we immediately demand the police reports, all video and audio recordings, and booking videos before the police have an opportunity to destroy them. Only after having reviewed the police reports and videos can we advise you on how to best resolve your case.
You may have defenses that other lawyers will not find for you. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Not all cases are defendable, but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.
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Related topics |
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