We Fight For You And Your Freedom
Misappropriation Of Funds
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 white collar crime attorney in Miami 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 his or her 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 And 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 he or she:
- 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
However, in Florida, defendants are not permitted to argue that they intended to return the property at a later date.
Why Hire Us?
Serving Criminal Defense Clients For Over 46 Years
We Are Available 24/7 and Offer Complimentary Consultations
Fully Prepared to Get The Best Possible Results in Each Case
We Wrote the Book on How to Handle Federal Cases
We are Top-Rated and Award Winning Attorneys
Speak With An Attorney
Call Us To Speak With A Skilled White Collar Crime Lawyer In Miami
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.
What Our Clients Are Saying
They say a good attorney knows the law and a great attorney knows the judge but Jeff Weiner is in... read moreJonathan Piccolo
I highly recommend Jeff Weiner and co. I felt I was a family member talking to my kin.
Yisel and... read moreTile Masters & Remodeling INC Dan Campbell
Lanre Kelani: The law firm of Jeffrey wiener and the people who worked there can only be described as consummate... read moreLanre kelani
During one of my educational presentation for the Valencia Gun Club in South Florida (close to 100 members) I am... read moreA Google User
During one of my educational presentation for the Valencia Gun Club in South Florida (close to 100 members) I am... read moreDean Levrey
Jeff is not only a colleague, he is one of my closest friends, someone I respect and admire for the... read moreA Google User
Schedule a Complimentary Consultation Now
Hire a team of dedicated attorneys who have successfully obtained favorable results for thousands of clients.
The Law Office Of Jeffrey S. Weiner Is Based In Miami, Florida And Represents Clients Throughout Florida In Both State And Federal Courts, Throughout The United States, As Well As International Criminal Courts.
How May We Help You?
Call Us Now
Send Us A Message
Visit Our Office
Two Datran Center,
9130 South Dadeland Blvd.
Miami, Florida 33156