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Castle Rock Embezzlement Lawyer

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Lawyer of the Year - American Institute of Legal Professionals
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Castle Rock Embezzlement Attorney

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Being charged with embezzlement can be an extremely unsettling and stressful experience. These white-collar crime allegations can carry severe penalties like substantial fines and years in prison if convicted. Even if the charges are eventually dismissed, the accusation alone can damage your reputation, career, and finances.

However, just because you have been charged does not automatically mean you will be convicted. As Castle Rock embezzlement lawyers, our job is to build the strongest possible defense on your behalf. We will thoroughly examine the prosecution’s evidence and identify any weaknesses we can exploit. Our goal is either to get the charges against you dismissed entirely or to negotiate a plea deal to minimize the penalties if a conviction seems unavoidable.

There are strategies we can use to cast doubt on the prosecution’s claims, like leveraging forensic accounting or introducing affirmative defenses. Our knowledge of Colorado’s courts and legal statutes is also beneficial for identifying procedural mistakes we can leverage. We understand how high the stakes are for you, which is why we are fully committed to protecting your rights and achieving the best possible outcome, given the unique circumstances of your case.

What Is Embezzlement?

In Colorado, embezzlement by theft is a white-collar crime involving allegations of someone fraudulently misusing or stealing funds entrusted to them. Someone convicted of embezzling $5,000 or more can receive up to 24 years imprisonment., governing theft of trade secrets, and relating to felony tax evasion. Given the potentially severe penalties, building an effective legal defense is crucial for anyone facing embezzlement accusations.

Potential Embezzlement Penalties in Colorado

In Colorado, embezzlement penalties can vary greatly depending on the value of funds or assets allegedly misused or stolen. Under state law C.R.S. 18-4-401, sentences and fines increase with the total value embezzled. The table below summarizes the sentencing guidelines:

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 fines and imprisonment, those convicted of embezzlement in Colorado may face the following additional penalties:

  • Restitution – The court can order repayment to the victim for all misused or stolen funds and assets. This is paid either upfront as part of sentencing or over time.
  • Probation – Courts can impose up to 10 years of probation following release from imprisonment. This involves strict supervision under a probation officer.
  • Community Service – The court may order the convicted individual to complete a certain number of community service hours.

There are also potential sentence-enhancing factors if certain conditions are met:

  • Elderly or Disabled Victim – The base sentence can be increased by 2-6 years if the victim is elderly or disabled.
  • Position of Trust – Abusing a position of trust can enhance the sentence by 2-4 years. This commonly applies to accountants, investment advisors, employees, and others with fiduciary duties.

castle rock criminal defense attorney

Burden of Proof on Prosecutors

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In embezzlement cases, the prosecution bears the burden of proving all elements of the charges beyond a reasonable doubt. Our defense lawyers thoroughly analyze all prosecution evidence to identify potential weaknesses we can leverage.

We use various strategies to build the most robust possible defense, including:

  • Conducting in-depth forensic accounting reviews of all financial records, looking for omitted or unauthorized transactions that may have legitimate explanations. Even small gaps or inconsistencies in the paper trail can raise reasonable doubt.
  • Rigorously questioning all prosecution witnesses during cross-examination about inconsistencies, bias, credibility issues, or vagueness in their statements. We can often counter claims of unauthorized transactions.
  • Researching whether proper procedures were followed in the investigation. Identifying any technical errors like improper warrants or Miranda violations provides opportunities for evidence suppression or dismissal.
  • Exploring potential affirmative defenses based on lack of criminal intent, authorized loans, actions under counsel’s advice, or adherence to standard industry practices.
  • Negotiating with the prosecution if conviction seems unavoidable. We leverage our experience to secure plea bargains for lesser charges/penalties.

We aim to cast substantial doubt on the prosecution’s version of events and provide reasonable alternatives that make conviction less likely. We have an arsenal of defense strategies to secure the best outcome.

The Value of Local Experience – Choose a Castle Rock Criminal Lawyer

In Castle Rock, the legal dynamics surrounding embezzlement cases vary widely between judges and prosecutors. Even neighboring jurisdictions can have notable differences in norms and standards.

A criminal defense attorney experienced with Castle Rock’s specific courts, judges, and prosecutors will understand this jurisdiction’s unwritten rules and unique quirks. They’ll have insight into the D.A.’s typical strategies and where they tend to cut corners or make procedural mistakes.

This intimate familiarity with the local legal environment allows seasoned Castle Rock criminal defense lawyers to craft better-aligned defense strategies. They know which arguments resonate with judges and how to exploit the opposition’s weaknesses.

So, while charges should always be taken seriously, an experienced local law firm like ours has an advantage. We have a roadmap for how to build the most robust case and achieve the optimal outcome for clients facing accusations in Douglas County. Our expertise with local dynamics makes a significant difference.

Overcoming Evidentiary Challenges

Prosecutors will come armed with stacks of financial records, bank statements, and audit reports allegedly documenting fraudulent activity. However, any experienced defense lawyer knows that even the most solid-looking paper trail typically has holes.

In reality, financial records are rarely 100% complete. In the ordinary course of business, many routine transactions occur without proper documentation being generated at the time. Just because there’s no evidence of approval for a particular expenditure doesn’t mean it was unauthorized.

Skilled embezzlement defense attorneys leverage forensic accounting support to reconstruct incomplete records and tell the whole story. They can demonstrate potentially legitimate reasons for transactions that, on the surface, may appear suspicious without full context.

By highlighting gaps and inconsistencies in the prosecution’s documentation, we cast doubt on the definitiveness of their conclusions. A paper trail alone does not prove intent or culpability beyond a reasonable doubt. There is almost always more to the story.

Assessing Witness Credibility

Beyond documents, prosecutors frequently use testimony from colleagues, clients, and others involved with the accused. However, witness recollection of past conversations and permissions is notoriously unreliable.

Embezzlement lawyers scrutinize statements for inaccuracies, inconsistencies, and bias. Vague unauthorized transaction claims often can be countered with repayment records, character witnesses, and other evidence demonstrating a lack of criminal intent.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Colorado criminal procedure

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  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

Frequently Asked Questions

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What does "embezzlement" actually cover under Colorado law?

The definition is broader than just theft of money. It covers unauthorized use of any property or thing of value entrusted to the person, including misuse of equipment, data, trade secrets, and more.

Can I be charged even if I intended to return or repay the funds/assets?

Yes. Embezzlement charges can be brought based on the unauthorized taking alone, regardless of intent to repay eventually.

Experienced Criminal Defense Lawyer

Contact Us Today to Schedule Your Free Consultation

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Facing embezzlement accusations can be an incredibly stressful and uncertain time. But you don’t have to navigate the complex legal system alone. The skilled attorneys at Right Law Group have helped resolve thousands of criminal cases across Colorado. With former prosecutors and District Attorneys on staff, plus decades of combined experience providing relentless, zealous criminal defense, we have the expertise to guide you through this difficult situation.

Our team of dedicated legal professionals will thoroughly examine your case, identify the best defense strategies focused on your optimal outcome, and fight vigorously on your behalf. With over 500 glowing reviews from past clients, Right Law Group has a proven track record you can trust. Don’t leave your future to chance. Contact us today for a free consultation at one of our three convenient Colorado locations. Our attorneys are standing by now to help you build the strongest possible defense against these embezzlement allegations. Call us or visit our site to get started.

The first step toward resolution is in your hands.

Areas Served

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El Paso County

Douglas County

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Arapahoe County

  • Centennial
  • Englewood
  • Greenwood Village
  • Cherry Hills Village
  • Foxfield
  • Sheridan
  • Columbine Valley
  • Byers
  • Southglenn
  • Castlewood
  • Peoria

Pueblo County

Teller County

Fremont County

  • Coaldale
  • Cotopaxi
  • Hillside
  • Howard
  • Texas Creek
  • Wellsville