Austin Embezzlement Lawyer

Defending Against Embezzlement Charges in Texas

Embezzlement, a form of property theft, is aggressively prosecuted in Texas. It involves the unlawful appropriation of property by someone who was entrusted with it, often in a professional or fiduciary capacity. The consequences of a conviction for embezzlement are significant and can result in lasting effects on an individual's life, including potential imprisonment, fines, and a permanent criminal record. 

The skilled white-collar defense attorneys at Cofer & Connelly, PLLC can break down what Texas law says about embezzlement charges so that if you’re facing allegations of wrongdoing, you’ll better understand what’s ahead. We’ll also explain how our embezzlement attorneys can provide essential support to those facing charges, as seeking experienced legal representation when facing embezzlement charges is a necessity, not a luxury. 

Call us today at (512) 991-0576 or contact us online to schedule a consultation with our embezzlement lawyer in Austin.

What Does Texas Law Say About Embezzlement?

Texas Penal Code Sections 31.02 and 31.03 are particularly relevant to embezzlement cases. Essentially, embezzlement, along with other forms of theft such as shoplifting and swindling, is treated as part of the general theft law. This consolidation indicates a streamlined approach to theft offenses, acknowledging the often-overlapping nature of these crimes.

The law states that a person commits a theft crime if they illegally appropriate property while intending to deprive the rightful owner of that property. Appropriation is unlawful if it occurs without the owner's effective consent, involves property known to be stolen, or is represented as stolen by law enforcement.

The law also outlines the severity of any particular theft offense based on the value of the property that has been stolen. Penalties range from those associated with a Class C misdemeanor (punishable by a $500 fine) for any property worth less than $100 to a felony of the first degree (punishable by up to life imprisonment and a $10,000 fine) for property worth $300,000 or more. The law also details specific provisions for theft involving public servants, the elderly, nonprofit organizations, and certain types of property like firearms and motor vehicles.

Common Defenses Against Embezzlement Charges

These may include:

Lack Of Intent To Deprive

One of the primary defenses against a charge of embezzlement under Texas law is the absence of intent to deprive an owner of their property. Since embezzlement is a form of theft, the prosecution must show that the defendant had the intention to deprive a property owner of their property. If the defense can establish that there was no such intent, or that the individual believed they had a rightful claim or authorization to use the property in the manner they did, this can serve as a strong defense.

Mistake Of Fact

Another viable defense is the mistake of fact. This occurs when the individual genuinely believed that they had the right to the property or were under the impression that they had consent from the owner. For instance, if an employee mistakenly thought they were authorized to use company funds for a specific purpose, this could potentially negate the element of unlawful appropriation required for a conviction.

Return Of Property

While not an absolute defense to embezzlement, returning the stolen property can sometimes play a role in a broader defense strategy. It may help in negotiating plea deals or reducing potential penalties, especially if the return of property is coupled with a lack of criminal history and other mitigating factors. However, this does not automatically negate the illegal act of embezzlement and should be considered more as a mitigating factor than a primary defense.

Insufficient Evidence

In an embezzlement case, the prosecution must provide evidence that establishes each element of the offense. If the evidence presented is weak, inconsistent, or leaves room for reasonable doubt, this can be a strong defense strategy.