Larceny is a theft crime. Larceny is taking property owned by someone else with the intent to permanently deprive the owner of the property. The property is taken without the owner’s consent. Another form of larceny is called embezzlement.
Embezzlement is the taking of property entrust to the person with the intent to permanently deprive the owner of the property. The property is taken without their consent. In New York, the embezzlement is included within its larceny statute.
Have you been charged with embezzlement in New York? You need to talk to a criminal attorney immediately. Contact us for help. A district attorney builds a case against you based on the legal definition of embezzlement.
New York’s Definition of Embezzlement
How New York defines embezzlement is by connecting the elements of the crime together. Elements are steps a district attorney needs to prove beyond a reasonable doubt to convict a defendant. The state defines embezzlement as a person taking property belonging to another individual. The person were entrusted with keeping the property, but converted, or transferred, the property to someone else. They converted the property with the intent to permanently deprive the owner.
For example, a teller at a bank entrusted with a drawer of money takes $5,000 and places it into a family member’s account. The bank teller has the intent to permanently deprive the bank of the $5,000 by never giving it back.
If charged, a district attorney must prove the bank teller:
• Took property belonging to another
• The property was converted to someone other than the accused
• The accused was entrusted with the property embezzled
• The accused intended to defraud the owner
Embezzlement is a felony in New York. If you or a loved one is charged with this crime, a criminal attorney can help you. You want to avoid the harsh consequences of a criminal conviction.
New York has Four Embezzlement Charges
An embezzlement charge and punishment depends on the value of property taken. A person accused of embezzlement will actually be charged with grand larceny. New York has four separate grand larceny charges:
• Grand larceny in the fourth degree is for property converted that is valued at $1,000, but less than $3,000
• Grand larceny in the third degree is for converted property valued from $3,001 to $50,000
• Grand larceny in the second degree is for converted property with the value of $50,001, but less than $1 million
• Grand larceny in the first degree is for property converted valued at more than $1 million
Penalties for an embezzlement conviction depends on the type of grand larceny a person was convicted of committing. The ultimate punishment is prison time. The amount of prison time includes:
• Four years in prison and/or $5,000 fine for a grand larceny in the fourth degree conviction
• Seven years in prison and/or $5,000 fine for a grand larceny in the third degree conviction
• 15 years in prison and/or $15,000 fine for a grand larceny in the second degree conviction
• 25 years in prison and/or $30,000 fine for a grand larceny in the first degree conviction
Affirmative Defenses to Embezzlement in New York
A person charged with embezzlement has the right to counter the district attorney’s accusation with a defense. Their specific defense depends on the facts of the case. However, some defenses include:
• The property was obtained in good faith and not stolen or taken
• The defendant wasn’t entrusted with the property
• The defendant didn’t convert any property belonging to someone else
New York has tough larceny laws and punishment. Anyone charged of embezzlement or any larceny crime should seek legal representation immediately. A criminal attorney will fight the charge, get it reduced or dismissed.
If you are accused of embezzlement, contact an attorney immediately. An attorney will explain the laws and the specific facts outlined in the criminal complaint against you. Your attorney will also start building a defense based on the facts on the case. To learn more about your legal rights and the defenses available, contact a criminal attorney.
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