An embezzlement accusation usually comes from an employer, a business partner, or an organization that trusted you with its money. Under North Carolina law, embezzlement is a serious offense that may often be charged as a felony, depending on the circumstances of the alleged conduct.
Cases involving larger sums, public funds, or financial institutions can bring severe penalties or federal prosecution. Marcilliat & Mills PLLC, our white collar crime lawyers in Raleigh, defend people accused of embezzlement, from the first accusation through every stage of the criminal case. Call today to schedule your free case evaluation.
Why Clients Turn To Marcilliat & Mills
Embezzlement allegations put your finances, your career, and your freedom in question at the same time, and the firm you choose should have experience in exactly this kind of case. Our firm offers:
- Over 5,000 cases handled by our North Carolina criminal defense firm
- Recognition among the National Trial Lawyers Top 40 Under 40
- Defense experience at both the state and federal level, which is critical because embezzlement charges may end up in federal court
The response to these cases has to be precise and informed. Let our team help you.
What a Defense Lawyer Does in an Embezzlement Case
Embezzlement cases turn on questions that look simple, but rarely are, such as where money went, why, and with whose permission. Figuring out those answers often requires legal and financial analysis that is difficult to handle without experienced counsel.
- Reconstructing the financial situation: The prosecution’s version of the records is not the only version. A defense lawyer in Raleigh, often working with forensic accountants, traces the transactions independently to show what really happened.
- Challenging intent: Embezzlement requires proof that you intended to take property you knew wasn’t yours to take. Money moved with the owner’s knowledge, expenses you reasonably believed were authorized, and genuine disputes over what your position permitted are defenses that can all be explored with the help of a lawyer.
- Positioning the case for the best resolution: Depending on the evidence and the amount of money allegedly involved, that may mean fighting the charge or negotiating a plea deal. A lawyer can help you figure out what’s best.
When you’re facing such serious charges, it’s important not to act alone or with a firm that doesn’t have the experience needed to defend you.
What Counts as Embezzlement in North Carolina?
Embezzlement is often confused with theft, but the law treats them differently. Theft involves taking property you never had a right to touch. Embezzlement involves property you were lawfully entrusted with, often as an employee, treasurer, agent, or fiduciary, that you then converted to your own use. A prosecutor must prove:
- You held a position of trust that gave you lawful access to the money or property
- You took, misapplied, or converted it for your own benefit or someone else’s
- You did so knowingly and with fraudulent intent, not by mistake, misunderstanding, or authorized action
The potential penalties often depend on factors such as the amount allegedly involved and the circumstances of the offense.
What to Do if You’ve Been Accused of Embezzlement
What you do right after you realize you’re being accused of embezzlement is important, even if you haven’t yet been charged. Consider the following:
Don’t Try to Explain it Away
The urge to sit down and clear everything up is strong, and it’s how people talk themselves into charges, not out of them. Anything you say can be used against you, and your words can be twisted in ways you may not realize at the time.
Don’t Sign Anything
You may be presented with a repayment agreement, a written statement, or a resignation letter and pressured to sign if the alleged embezzlement occurred at work. These documents can become part of a criminal case later on, so never sign anything or discuss the situation without speaking with a lawyer first.
Don’t Delete or Alter Records
Deleting emails, altering files, or accessing accounts after an accusation can be portrayed as tampering with evidence. Speak with your lawyer first and let them gather the evidence.
Call a Defense Lawyer Now
A lawyer can help you answer questions during investigations and interrogations, making sure you don’t say anything incriminating by accident. They can review the prosecution’s evidence, conduct an independent investigation, identify weaknesses in the government’s case, and develop the strongest defense available under the facts.
No matter what phase of the case you’re in, the most important thing you can do is reach out to a lawyer as soon as possible.
Get Ahead of an Embezzlement Charge and Contact Our Raleigh Office Today
Embezzlement cases often begin before an arrest, like with a meeting, an audit, or a demand letter, and the decisions you make at that stage shape the outcome. Whether you’ve been formally charged or an employer has just raised the accusation, speak with a defense lawyer before you respond, explain, or sign anything.
Contact the Raleigh office of Marcilliat & Mills PLLC to have your situation reviewed and your next steps explained by a team of attorneys who truly understand the charges and what you’re facing. Call today to schedule your free case consultation.