Misappropriation of Funds Attorneys in Miami
Embezzlement vs. Misappropriation of Funds
While many people are familiar with the term embezzlement, less are aware of what misappropriation of funds means. While both offenses hinge on the unlawful use of another person’s assets, usually in a business setting, misappropriation of funds refers to embezzlement of money only, and not other forms of property.
Both offenses are considered serious crimes in Florida, so if you have been charged with theft of company assets, it is important to contact an experienced attorney who can help explain your legal options.
Elements of Misappropriation
To be convicted of misappropriating funds, a prosecutor must establish that a defendant:
- Was entrusted with possession or control of funds belonging to another person, entity, or organization
- Knowingly misappropriated the money or took an action that resulted in the misappropriation of funds
- Used the money for their own purposes, which can include transferring it to another bank account or refusing to deliver it upon demand by the owner
While many misappropriation cases are tried in state court, cases involving particularly large sums may also be prosecuted in federal court.
Penalties & Defenses
The penalty for this conviction depends on the amount of money that was allegedly stolen. For instance, those accused of misappropriating more than $100,000 can be charged with a first-degree felony, which is punishable by up to 30 years in prison and a $10,000 fine. Someone who allegedly misappropriated less than $100,000 but more than $20,000 can be charged with a second-degree felony, which carries the threat of 15 years in prison.
Finally, a person who is convicted of taking less than $20,000 but more than $300 is guilty of a third-degree felony, which is punishable by up to five years in prison. Misappropriating any amount less than $300 is usually charged as a misdemeanor. Defendants may also be required to pay restitution to the plaintiff for the funds that were misappropriated or agree to a term of probation.
Fortunately, there are a variety of defenses that a defendant can raise, including that they:
- Did not intend to misappropriate the funds, but made a mistake, such as a clerical error
- Had a reasonable and good faith belief that he or she had ownership over the funds
- Was given consent by the owner to remove the funds
In Florida, defendants are not permitted to argue that they intended to return the property at a later date.
Call Us to Speak with a Skilled White-Collar Crime Lawyer
The crimes of embezzlement and misappropriation of funds are considered serious offenses and are punishable by imprisonment and thousands of dollars’ worth of fines. Having efficient, experienced, and aggressive legal representation can make all the difference in the success or failure of a case.
To schedule a free consultation, call (305) 985-6640 or contact us online.
Case Victories
Fully Prepared to Get the Best Possible Results in Each Case
-
Sentence Reduced Federal Crime
Client was indicted on a conspiracy to defraud.
-
Case Dismissed Professional License Defense
Client, a law student, was charged with criminal mischief and disorderly conduct.
-
Charges Reduced International Defense
A United States citizen was arrested and charged with assault and battery in Spain.
-
Case Dismissed Fraud Crime
Client was charged with title fraud and insurance fraud in different counties.
-
Sentence Reduced Federal Crime
Client was indicted with conspiracy to commit money laundering and making a materially false statement to a federal agent.
Awards & Recognitions
.2111040928027.png "Best Lawyers 2022 Best Law Firms"){kind=icon}
[1].2307251422512.png "Florida Legal Elite 2021"){kind=icon}
What Our Clients Are Saying About Us
-
"Jeffrey S. Weiner, PA is the embodiment of professionalism"
Jeffrey S. Weiner, PA is the embodiment of professionalism. Its attorneys’ not only have mastery of the law in which they ...
- Andres Pino on Google -
"Yisel became a beacon of hope to my family at a time when our options were limited"
My family hired Jeffrey S. Weiner, P.A. Attorneys at Law, to help us with a frightening issue where my daughter was involved. ...
- Mario Machin on Google -
"They were able to have my charges dropped before I had to go to court"
Jeffery Weiner PA Jeffery Weiner, Yisel Villar and their entire staff were very helpful and professional in taking care of my ...
- Jay R. on Google -
"I explained my situation and within minutes he was on it and soon got me unexpected great results"
Hard to Believe! In this hectic day and age it is difficult, if not impossible, to find reliable Professionals, much ...
- Dean Levrey on Google -
"You are in good hands with this firm"
If you're reading this just know that you will get through it. I'm sure most of us don't plan on being in a situation where ...
- Kevin Pillow on Google -
"They put everything they had into ensuring our desired outcome"
Jeffrey Weiner & Diego Weiner did an excellent work and obtained a successful result in our case which was a long shot and we ...
- Diana Murcia on Google -
"Best Recommendation ever received"
"The exceptional team at Jeffrey S. Weiner 's law firm are compassionate and extremely professional." "Best Recommendation ...
- Luis Tejeda on Google -
"Excellent knowledge and grasp of the law"
Jeff Weiner and all of his associates have an excellent knowledge and grasp of the law but, perhaps more importantly, they ...
- Ileana Ros-Lehtinen on Google
Meet Our Attorneys - Your Criminal Defense Team
Serving Criminal Defense Clients for Over 50 Years
Why Hire Our Firm?
See What Makes Us Different
-
We Are Top-Rated Criminal Defense Attorneys
-
We Get the Best Possible Result in Each Case
-
We Have Served Criminal Defense Clients and Fellow Lawyers For Over 50 Years
-
We Wrote “the Book” on Federal Criminal Rules & Cases
-
We Are Available 24/7 for Emergencies & Offer Free Initial Consultations