Although some people regard stealing and embezzlement as the same thing, there are some key differences between them in the eyes of Pennsylvania law.
Stealing refers to taking someone else’s property or money without their permission. An example would be taking money from a store or stealing money from a friend’s wallet. Anyone arrested for an offense like this could face theft charges and the legal consequences that come with it.
Embezzlement is a misappropriation of funds. Usually, a person in a position of trust with financial responsibility and the confidence of their employer faces this charge. They may embezzle funds in several ways, including:
- Creating fake or duplicate invoices
- Forging signatures or financial records
- Over-billing suppliers or customers
- Skimming cash before it is recorded
- Misusing company credit cards or accounts
Although embezzlement is a form of stealing, as a trusted employee, the perpetrator abused that trust, which is the main difference between the two crimes.
Embezzlement occurs in many walks of life. For instance, a school treasurer whose job is to look after the finances, a trust fund manager, or an accountant who manages their clients’ financial investments could all commit embezzlement. Having a Montgomery County criminal defense lawyer by your side can help you avoid missteps.
Penalties for Theft and Embezzlement Differ From Each Other
Embezzlement and stealing are separate crimes, and each is subject to different penalties depending on its severity. For instance, according to 3921(c)(1) of the PA Civil Code, if a person steals an item valued at $50 or less, they may face a summary charge.
Summary, Misdemeanor, and Felony Theft Charges in Pennsylvania
If convicted, the individual could receive a short jail sentence or a minimal fine. However, for a more serious charge, such as a misdemeanor or a felony, sentences are much longer, and fines are considerably larger. This is a key difference between stealing and embezzlement.
Each state has its own sentencing regulations. In Pennsylvania, penalties for embezzlement are harsh, with felony charges meaning considerable fines and lengthy jail sentences. Whether a charge is filed as a summary offense, misdemeanor, or felony often depends on factors like the value involved and the circumstances of the alleged offense, so it’s important to talk to a lawyer about how these factors may apply to your case.
However, for a judge to find you guilty, they must find you guilty beyond a reasonable doubt.
The Four Elements Prosecutors Must Prove in an Embezzlement Case
In embezzlement cases, there are four elements of proof that a judge or jury must reach, as established in Moore v. United States (according to archived content from the U.S. Department of Justice):
- The defendant had a relationship with the party from which he or she allegedly embezzled.
- The defendant’s job led to their possession of the property, which they allegedly embezzled.
- The defendant used the property for their own gain while it was in their possession.
- The defendant intended to deprive the property owner from using the said property.
Prosecutors must establish each of these elements before a conviction can stand.
How a Conviction Can Follow You Long After Sentencing
Should you receive a conviction for theft or embezzlement, your or your family’s lives could be profoundly affected. Beyond potential prison time or fines, a conviction may carry consequences that extend well past the courtroom:
- Be damaging to future job prospects
- Cause reputational damage that may be with you for the long term
- Impact on your friendships and relationships with the local community
However, you do not need to face theft or embezzlement charges alone. With a criminal defense lawyer on your side and ready to fight your case, you can discuss your potential defense options and get guidance about the differences between stealing and embezzlement.
Common Types of Theft Charges in Pennsylvania
Theft crimes cover a wide range of conduct, and Pennsylvania law breaks it into several distinct categories. Unlike embezzlement, theft charges do not require a position of trust, just the unlawful taking of someone else’s property or money.
Retail Theft and Shoplifting
Retail theft, 18 Pa. C.S.A. §3929, involves taking merchandise from a store without paying for it, whether by walking out with an item, switching price tags, or concealing goods. Even a first offense can lead to criminal charges, and repeat offenses can raise the severity of the charge.
Theft by Deception or Unlawful Taking
Theft by deception occurs when someone obtains property or money through false statements, false pretenses, or misleading another person to gain their property. Unlawful taking, by contrast, involves simply taking someone else’s property without their consent, regardless of any deception involved.
Robbery and Theft Involving Force
Robbery is theft carried out through force, the threat of force, or by placing the victim in fear of injury. Because it involves a direct confrontation, robbery is generally treated as a more serious offense than other theft charges, and penalties can vary widely depending on the specific facts of the case.
How a Defense Lawyer Can Help You If You Were Charged With Theft or Embezzlement
If you were arrested on theft or embezzlement charges, you may face uncertain times. You may feel anxious, concerned about your and your family’s future, and unsure how to fight the charges. A criminal defense lawyer can help. Criminal defense lawyers advocate for their clients to lessen charges and penalties.
What a Defense Lawyer Does for You Early in the Case
A defense lawyer can also:
- Analyze your case so you understand the circumstances
- Investigate the circumstances
- Talk to your employer to discuss alternatives to jail time
- Develop arguments to limit charges
- Create defense strategies
- Look for any errors in your case or failures to follow the correct procedures
- Present your case
These early steps often shape how the rest of your case unfolds.
Why a Former Prosecutor’s Perspective Matters in Your Defense
Our lead attorney built his career as a criminal prosecutor before shifting to defense work. That background gives our firm a firsthand view of how prosecutors build theft and embezzlement cases, what evidence they lean on, and where their arguments tend to be weakest. We use that insight to anticipate the prosecution’s approach and shape a defense strategy around it.
No Guarantees, but a Clear Plan for Your Case
However, you must understand that there are no guarantees, and a lawyer cannot promise to limit the charges or keep you from serving jail time, whether you are accused of stealing or embezzlement. What you can count on is being informed. We update our clients as their case moves forward, so you always know where things stand and what comes next.
Defense Strategies an Attorney Will Use to Build Your Defense
Defending against embezzlement charges requires a multifaceted approach tailored to the specifics of the case. Each of these strategies requires a comprehensive understanding of the law and a meticulous examination of the case’s details.
Lack of Criminal Intent
One common defense is the lack of intent. Embezzlement necessitates intent to deprive the owner of the property. If the accused can demonstrate that the taking was accidental or done under a misunderstanding, this may negate the requisite intent.
Authorization or Legitimate Business Use
Another defense is authorization. The accused might argue that the owner authorized the transactions or actions in question or that they were standard business practices. Providing documentation or witness testimony to support this claim can be crucial. Additionally, showing a lack of fraudulent intent or proving that the funds were used for legitimate business purposes can weaken the prosecution’s case.
Insufficient Evidence and Reasonable Doubt
Insufficient evidence is another potent defense. Prosecutors must prove beyond a reasonable doubt that embezzlement occurred. Challenging the credibility of evidence, pointing out inconsistencies, or highlighting gaps in the prosecution’s case can create reasonable doubt.
Duress or Coercion
Duress or coercion might be a viable defense. If the accused can show that they were forced to embezzle under threat of harm, this can exonerate them. In such cases, detailed evidence of the threats or coercion is essential to substantiate the defense.
Procedural and Evidentiary Challenges
How the evidence was gathered can matter as much as the evidence itself. If financial records, statements, or other materials were obtained without following proper procedure, a lawyer may be able to challenge their use in court. Successfully raising these issues can limit what the prosecution may present.
Finding a Defense Lawyer to Defend The Embezzlement Charges Against You
Whether you were charged with a white-collar crime like embezzlement or are facing theft charges, you want a criminal defense attorney who can stand in your corner with confidence and determination.
A criminal defense attorney not only has a deep understanding of the law but also knows how to defend you and negotiate for the most beneficial outcome for your criminal case, whether you are facing charges of stealing or embezzlement. For further information, call the McKenzie Law Firm, P.C. today.
