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Colorado Springs Embezzlement Lawyer

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Being accused of embezzlement can make you feel like your world is falling apart. Your good name, career, family, and future are now under threat. These allegations could destroy everything you’ve worked for if not properly defended. Navigating the justice system on your own against experienced prosecutors is daunting.

Having a Colorado Springs embezzlement lawyer fighting on your behalf is critical. You need an attorney well-versed in financial crimes who can thoroughly analyze the prosecution’s case and build an effective defense strategy. Our experienced trial lawyers can expose flaws in their arguments and tell your side of the story.

Our firm has helped many clients facing financial fraud charges walk away with dramatically reduced or dismissed charges. Let us provide a free, no-obligation case evaluation. We will review the details and help you understand your options.

What is the Legal Definition of Embezzlement?

Embezzlement is a white-collar crime that involves the theft of money, assets, or property by someone in a position of trust. It is a felony offense in Colorado that carries severe penalties and fines.

If you have been accused of embezzlement, it is critical to understand the legal definition, know the potential criminal charges, and build the strongest possible defense with an experienced Colorado Springs criminal defense attorney.

Legally, embezzlement is defined as the fraudulent appropriation of property or funds with which an individual has been entrusted through their work, role, or relationship.

The key factors are:

  • Trust Relationship: The person committing embezzlement must have been given responsibility for the care, management, or monitoring of assets through a relationship of trust. This could be an employer-employee relationship or a client-advisor relationship, for example.
  • Unlawful Taking: The embezzler must have intentionally and fraudulently taken, misapplied, or misappropriated money, property, or other assets that were lawfully in their possession through the trusted relationship but did not actually belong to them.
  • Criminal Intent: The embezzler must have intended to deprive the owner permanently of the use and benefit of the embezzled property or funds. If the taking was only temporary with intent to return the assets, it may not qualify as embezzlement.

Unlike larceny or theft, the original possession of the property is lawful. However, the subsequent fraudulent conversion of the entrusted assets constitutes a criminal act.

Penalties for Embezzlement Charges in Colorado Springs

If you have been contacted by police or received charges for embezzlement in Colorado Springs, it is essential to take immediate legal action.

In Colorado, the penalties for embezzlement depend on the value of what was allegedly stolen:

Fine Range Offense Classification Potential Penalties
Under $300 Petty Offense Incarceration for up to 10 days and/or fines up to $300
$300 – $1,000 Class 2 Misdemeanor Incarceration for up to 120 days and/or fines up to $750
$1,000 – $2,000 Class 1 Misdemeanor Incarceration for up to 364 days and/or fines up to $1,000
$2,000 – $5,000 Class 6 Felony Prison term of 12 to 18 months and fines up to $100,000
$5,000 – $20,000 Class 5 Felony Prison term of 1 to 3 years and fines up to $100,000
$20,000 – $100,000 Class 4 Felony Prison term of 2 to 6 years and fines up to $500,000
$100,000 – $1 million Class 3 Felony Prison term of 4 to 12 years and fines up to $750,000
Over $1 million Class 2 Felony Prison term of 8 to 24 years and fines up to $1,000,000

In addition to jail or prison time, the court can also order restitution to repay the stolen funds. If the alleged crime targeted an at-risk adult or elderly individual, the penalties are enhanced under Colorado law.

Given the severe potential punishment, having an attorney on your side from the start is critical. An experienced criminal defense lawyer can carefully examine the prosecution’s evidence and identify any weaknesses in their case.

Possible Criminal Defenses for Embezzlement

Some potential defenses to embezzlement charges include:

  • No Trust Relationship: Questioning whether a fiduciary duty genuinely existed. Perhaps it was an arms-length business relationship or an independent contractor role.
  • Authorization: Arguing the defendant had permission to use company funds or property in that manner.
  • Lack of Criminal Intent: No willful intention to permanently deprive the owner of assets.
  • Duress: Committing the acts under threat of harm.
  • Entrapment: Law enforcement induced the defendant to commit embezzlement.
  • False Accusations: The defendant did not actually commit the embezzlement in question.

An experienced Colorado Springs criminal defense attorney can review the prosecution’s evidence and determine the strongest defenses to pursue. Poking holes in the paper trail or trust relationship can undermine the case.

Consult an Experienced Embezzlement Defense Lawyer

If you are under investigation or facing embezzlement charges, consult with a seasoned Colorado criminal defense lawyer as soon as possible. An attorney can analyze the prosecution’s case and start building your defense strategy right away.

Defending complex white-collar crime allegations requires an in-depth understanding of forensic accounting, financial records, and trust relationships. An experienced lawyer knows how to highlight reasonable doubt regarding intent and authorization.

With proficient legal counsel, many embezzlement cases can be dismissed, reduced, or plea bargained favorably prior to trial. Your defense attorney can also represent your best interests in negotiating restitution agreements.

Don’t wait to seek experienced and strategic legal representation. A top-rated Colorado Springs criminal defense lawyer will strive to achieve the best possible outcome in your embezzlement case. Schedule your free, confidential consultation today to explore your options and take the first steps to build your strongest defense.

Don’t Let One Wrong Decision Impact Your Life, Job or Freedom.

Frequently Asked Questions

Is embezzlement a felony in Colorado?

Embezzlement can be charged as a felony crime in Colorado if the amount embezzled exceeds $2,000.

What is the CRS for embezzlement in Colorado?

Embezzlement in Colorado falls under the state’s theft statute, Colorado Revised Statute 18-4-403. The law applies when someone who has access to another’s property or funds misuses or takes them illegally.

Is embezzlement easy to prove?

As in any criminal case, the prosecution must prove charges beyond a reasonable doubt. An embezzlement conviction requires showing the suspect had lawful access to the funds, intentionally misused them, and did so with criminal intent. Strong documentary evidence like accounting records helps prove embezzlement occurred.

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