Conviction of a crime involving fraud, theft, or other types of dishonesty is likely to have extremely negative effects for the rest of one’s life. Prospective employers and licensing authorities will inevitably discover such convictions either by independent search and/or required voluntary disclosure which may result in denial of job opportunities or licenses. Additionally, because these crimes are normally designated to be “crimes of moral turpitude”, they have extremely negative consequences for potential immigrants, resident aliens and those otherwise looking to adjust their immigration status.
Whether you or a loved one are being investigated for or are charged with a theft, fraud or embezzlement crime, it is imperative that you obtain the services of an experienced criminal defense attorney as soon as possible. For more than 33 years, Victor Knapp, Esq. has defended New Yorkers charged in Queens and beyond.
Types of Embezzlement Crimes
Embezzlement is the theft or larceny of money or property by an individual who is entrusted with responsibility for these assets. Entrustment of property or money may occur due to employment or for financial planning purposes such as in the case of bank tellers or store cashiers. While there is not a specific crime in New York titled Embezzlement, it is covered by New York laws prohibiting Grand Larceny. Depending on the amount of money or value of property allegedly stolen, grand larceny can be charged in four degrees.
- Grand larceny in the fourth degree – property worth more than $1,000 but less than $3,000 is covered by NY Penal Law 155.30.
- Grand larceny in the third degree – NY penal law 155.35 covers larcenies from $3,000 to $50,000.
- Grand larceny in the second degree –For embezzlement of funds between $50,000 and $1 million a second degree charge under NY penal law 155.42 can apply.
- Grand larceny in the first degree – Embezzlement of equal to or more than $1 million can result in a lengthy state prison sentence of up to 25 years without the possibility of probation.
Other embezzlement related crimes can include criminal possession of stolen property, falsifying business records, and possessing a forged instrument.
Having an Experienced Criminal Defense Lawyer Can Protect Your Rights
The first, and probably most important, thing that experienced counsel will do upon learning of a client’s arrest or pending investigation will be to notify law enforcement that you are represented so that any questioning of the client or identification procedure involving the client’s participation (i.e., lineup) cannot be done without counsel being present. This notification alone can, in certain circumstances, avoid the accumulation of potentially damaging evidence and even result in the closing of an investigation or the voiding of an arrest.
At the very least, immediate involvement in a case will allow for the immediate investigation of relevant facts, preservation of favorable evidence and location of witnesses which results in stronger bail applications at arraignment, more effective negotiations with prosecutors and more favorable results at pre-trial suppression hearings or trial.
Do Not Speak to the Authorities Prior to Contacting a Law Firm
Victor Knapp, Esq. has been in private practice as a criminal defense attorney since 1981, and has offices directly across the street from the Criminal Courthouse in Kew Gardens, New York. He has successfully represented thousands of persons accused or suspected of committing theft, fraud or embezzlement crimes throughout his legal career during the investigatory, arraignment, conference, Grand Jury, Pre-trial suppression, trial and post-conviction stages. His practice is not limited to Queens County and he is available 24/7 for emergencies as well as all state cases on Long Island, Brooklyn, Bronx, Manhattan and Westchester/ upstate New York and federal cases nationwide.