An Illinois insurance agent faces charges that he bilked more than theft offenses, the status of the victim and the value of the property essentially determine the range of punishment.
- $500 or less: Class A misdemeanor,
- $500 to $10,000” Class 3 felony,
- $10,000 to $100,000: Class 2 felony,
- $100,000 to $500,000: Class 1 felony,
- Above $500,000: non-probation Class 1 felony
- Above $1,000,000: Class X felony
The sentence is enhanced if the victim was a person over 60, church, school, or government office.
Defending Embezzlement Charges
When authorities target an individual in an embezzlement probe, they usually send notice of a grand jury proceeding or ask the person to make a statement. It is always a mistake to make any such statement because experienced interrogators and prosecutors who only want a conviction will make mincemeat out of unrepresented defendants even if they are 100% innocent.
You have the right to counsel at this point, and quite frankly, it is ludicrous not to exercise this right and obtain the counsel of your choice.
These preliminary events are a defense attorney’s first opportunity to refute the charges. As mentioned above, the prosecutor must prove beyond a reasonable doubt that the defendant had the intent to permanently deprive the owner of the property. If the defendant gave any indication that he or she intended to return the property at some point, there may be a reasonable doubt as to this element.
Restitution may be a defense, as well. If nothing else, victims who have their money back often lose interest in criminal proceedings, thus hampering the prosecutor’s ability to marshal necessary witnesses in the case.
Rely on Experienced Attorneys
Embezzlement charges are quite serious, and there are several defenses available for them. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Sawyer Bengston)