Embezzlement/Theft from Employer Defense

"The amount of money or property alleged to have been embezzled will determine whether you will be charged with an Embezzlement Misdemeanor or Felony"

Embezzlement in the State of Michigan is best described as theft from an employer. As defined in MCL 750.174 a person is guilty of embezzlement if:

- A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within this state, or other legal entity fraudulently disposes of or converts to his or her own use, or takes or secretes with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come to the person’s possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee, or custodian.

Misdemeanor Embezzlement of money or property that has a value under $200.00 penalties:
- 93 days in County Jail
- Fines in the amount of $500.00 or 3 times the amount embezzled

Misdemeanor Embezzlement of money or property that has a value between $200.00 - $1,000.00 penalties:
- Up to 1 year in County Jail
- Fines up to $2,000.00 or 3 times the amount embezzled

Felony Embezzlement of money or property that has a value between $1,000.00 - $20,000.00 or the person has a prior embezzlement conviction on their criminal record, or the person violates subsection (3)(a) and the victim was a non-profit organization. The penalties include:
- Up to 5 years imprisonment in the Michigan Department of Corrections
- Fines up to $10,000.00 or 3 times the amount embezzled

Felony Embezzlement of money or property that has a value between $20,000.00 - $50,000.00 or the person has 2 prior embezzlement convictions on their criminal record, or the person violates subsection (4)(a) and the victim was a non-profit organization. The penalties include:
- Up to 10 years imprisonment in the Michigan Department of Corrections
- Fines up to $15,000.00 or 3 times the amount embezzled

Felony Embezzlement of money or property that has a value between $50,000.00 - $100,000.00, the penalties include:
- Up to 15 years imprisonment in the Michigan Department of Corrections
- Fines up to $25,000.00 or 3 times the amount embezzled

Felony Embezzlement of money or property that has a value of over $100,000.00 the penalties include:
- Up to 20 years imprisonment in the Michigan Department of Corrections
- Fines up to $50,000.00 or 3 times the value of the property embezzled

If you are being investigated or charged with the crime of embezzlement it is extremely important to find the best criminal defense representation to fight for you and protect your rights. Many times, before embezzlement charges are initiated, the police will contact the accused in an attempt to gain a confession. At this point, it is important to have an experienced criminal defense attorney on your side ready to navigate interrogations, questioning, and phone calls from police and law enforcement. Know that police and law enforcement’s goal is to bring charges against the person or persons who they believe committed the crime. You DO NOT have to submit yourself to questioning as it is your constitutional right to remain silent. If you have found yourself under investigation for or charged with embezzlement call DeMatteis & Ricciardello, PLLC now for your Free Consultation. Our attorneys stand ready to provide you with a quality, experienced, and aggressive defense at every step of the criminal justice process. Call Today (586) 580-8183