Employee theft is any act that robs your employer of time, money, products, or services. If you commit an act of employee theft, the company you work for can terminate your employment. In addition to losing your job, you can also face arrest, conviction, and the consequences of both.
Employee theft is a serious crime that can cost you your job and freedom. An employee theft criminal defense lawyer in Montgomery County can help you prove you did not commit the act in question. They can also help you reach a plea agreement that may help you preserve your good name and community standing. A plea agreement can also help you avoid a blemish on your employment record and future background checks.
Types of Employee Theft
Employee theft can happen in many forms. Apparent acts of fraud, including check-kiting and switching price tags (for yourself or friends and family), are acts of thievery. Other common types of employee theft include:
- Secreting or stealing property
- Embezzlement
- Getting paid for time you did not work
- Stealing supplies and merchandise
Stealing information that can cause your employer harm is another form of employee theft. According to an Association of Certified Fraud Examiners (ACFE) report, employers lose as much as 5 percent of their annual revenue to various forms of employee theft.
Pilferage
Pilferage occurs when employees steal low-value objects in small amounts. This can include everything from pens to printers.
Embezzlement
Embezzlement occurs when employees steal money or property they were charged with caring for.
Time Theft
Theft of time occurs when employees manipulate their or a coworker’s hours to receive more compensation than they earned.
Theft of Services
Theft of services includes providing unauthorized discounts to friends and family. It can also involve using an employer’s services without paying for them.
Theft of Trade Secrets
Using an employer’s trade secrets for one’s benefit or sharing them with others is also considered employee theft.
Penalties for Employee Theft
The theft of small items can seem insignificant but can have long-term consequences. If you are arrested or convicted of employee theft, you could face legal action and significant time in jail or prison. Depending on the monetary value of the alleged theft, you could:
- Be charged with a misdemeanor that can result in criminal fines and penalties
- Be charged with a felony, which can carry stiffer penalties, including higher fines and longer sentences
A criminal defense lawyer in your area familiar with state and local laws can help you avoid your state’s harshest penalties and highest fines.
Additional Consequences of Employee Theft
In addition to criminal penalties, a conviction on theft charges can affect your life in many ways. Some consequences you might face after an arrest or a conviction include:
- Difficulty obtaining certain types of employment
- Inability to obtain various professional licenses
- Difficulty obtaining housing in certain areas
- Difficulty obtaining student loans to further your education
A theft conviction can label you as untrustworthy and damage your personal, professional, and social reputation. A criminal defense lawyer can help you minimize this damage.
Defense Strategies a Lawyer Can Use to Defend Employee Theft Charges
A lawyer may employ several key strategies when defending a client against employee theft charges.
One common defense is the “lack of intent” argument. The lawyer could assert that the accused did not intend to permanently deprive the employer of the property. This could involve demonstrating that the item was borrowed with the intention of returning it or that the accused believed they had permission to take it.
Another defense strategy could be challenging the evidence. The lawyer might scrutinize the evidence for weaknesses, such as questioning the reliability of witness testimony or the accuracy of surveillance footage. They may argue that the evidence is circumstantial and does not conclusively prove theft beyond a reasonable doubt.
A lawyer might also suggest the possibility of mistaken identity, especially in cases involving multiple employees with access to the same property. They could argue that someone else could have committed the theft or that the employer’s records are incorrect.
Additionally, the lawyer might highlight procedural errors during the investigation. This could involve showing that the employer violated company policies or legal procedures in gathering evidence or conducting interviews, thereby tainting the evidence against the accused.
Lastly, the lawyer could present the accused’s good character and lack of a criminal record as part of a broader narrative that this behavior is out of character, aiming to cast doubt on the likelihood that the accused committed the theft.
How a Criminal Defense Lawyer Can Help You Fight a Theft Accusation
Defending yourself when facing a criminal charge can be risky. You do not have to defend yourself without legal support. A criminal defense lawyer can benefit your case in myriad ways. These can include:
- Reviewing the case against you
- Reviewing the evidence against you
- Proving you were a victim of entrapment
- Locating and interviewing witnesses that support your innocence
- Proving your employer’s accusations are retaliatory
- Locating surveillance photos and video footage
Because the penalties you face can vary according to the value of the stolen items, your lawyer can prove their actual value. If you maintain your innocence, your lawyer can help you establish and document your whereabouts when the theft occurred.
A Lawyer Can Help You Benefit from a Plea Bargain
When you work with a criminal defense lawyer, they can help you negotiate a plea bargain with your employer or the state’s prosecutor. A plea bargain can:
- Reduce the severity of the charges you face
- Lead to a reduced sentence if convicted
- Lead to lighter financial penalties and fines
- Avoid a blemish on your employment history
The benefits of a plea bargain also include avoiding the uncertainty of a trial outcome and exercising a measure of control over your immediate and upcoming future.
Call Us Today for Your Free Consultation
If you were accused of any criminal offense that constitutes employee theft, you do not have to fight back on your own. Our criminal defense lawyer can help you prove your innocence or build a solid defense. When we represent you, we ensure you can reach your lawyer at any time.
Contact McKenzie Law Firm, P.C. today to discuss your case.
