Professional Ohio Embezzlement Attorneys

Embezzlement involves a theft crime involving a person in a position of trust. Considered a ‘white collar’ crime committed by business employees and corporate executives, it garners little sympathy among jurors and can result in potentially lengthy prison sentences. At the VanNoy Firm, our Dayton embezzlement attorneys have the experience you need when facing these charges, to help strategize a strong defense.

Embezzlement Crimes

The U.S. Department of Justice (DOJ) defines embezzlement as a type of fraud, in which a person breaches their duty regarding property they were entrusted with. This generally involves funneling money from the assets belonging to another into your own accounts, often in small amounts over a period of time. There are four distinct factors that must be shown to prove embezzlement in court:

• There was a trust or fiduciary relationship between the defendant (the one accused) and the victim;
• The property was in the defendant’s care due to employment;
• The defendant converted the property for their own use;
• The defendant acted willingly, and with the intent to deprive the victim of the use of the property.

In addition to a lack of evidence, defenses to embezzlement include a lack of intent, acting under force or duress, and entrapment.

Penalties For Embezzlement In Ohio

Under the Ohio Revised Code (ORC 2913.02), penalties for embezzlement in Ohio vary depending on the amount of money stolen:

• Less than $1,000: A misdemeanor, penalties include up to 180 days in county jail and $1,000 fine;
• $1,000 to $7,500: A felony of the fifth degree, penalties include up to one year in jail and $2,000 fine;
• $7,500 to $150,000: A felony of the fourth degree, penalties include up to 18 months in state prison and $5,000 fine;
• $150,000 to $750,00: A felony of the third degree, penalties include up to 3 years prison time and $10,000 fine;
• $750,000 to $1,500,000: A felony of the second degree, penalties include up to eight years in jail and $15,000 fine;
• Over $1,500,000: A felony of the first degree, penalties include up to 11 years in prison and $20,000 fine.

Other factors that will likely influence sentencing include the person or entity targeted and the severity of the breach of trust.