Embezzlement in Tulsa, Oklahoma is a serious crime. A defendant could spend up to 10 years in prison or pay three times the cash amount of what they embezzled. The crime occurs when a person decides to use for their gain cash that has been entrusted to them, but belongs to another or the public.
Embezzlement in Tulsa FAQs
Embezzlement occurs when a person is legally in control of the property or cash of another and decides to appropriate it for unintended ends. The crime is also said to have occurred when legally obtained money or property is hidden with the deceitful intent to divert it for unanticipated uses when the property or cash was:
- placed into the hand of another for a specific purpose;
- received by obtaining a power of attorney for its sale or transfer;
- supposed to be controlled for another person’s use;
- meant to be used for a benevolent or public purpose;
- diverted from its intended purpose; or
- diverted from the purpose it was collected such as to pay taxes and used for personal needs.
Also, these factors can constitute a charge of embezzlement in Tulsa.
- Property was possessed for transportation, but regard is not given to whether the packages are broken.
- The property consists of crops which are carried away without the owner’s consent and the removal is done to deprive.
- Property is not willfully returned within ten days after the expiration of a rental agreement that controls the property.
Okla. Stat. tit. 21 § 1451
Business managers, trust managers, financial officers, and bank tellers are examples of employees who can be guilty of embezzlement. These kinds of employees all have legal access to someone else’s cash, but no legal ownership.
Possible Defenses to Embezzlement
A sufficient defense against this crime is if the property was appropriated openly and conspicuously and under a claim of good faith. The argument stands, even though the application is not tenable under law. However, the defense does not excuse keeping the property after a claim is made for payment by the wronged party. Okla. Stat. tit. 21 § 1459
Also, the fact that the defendant intended to pay back the misappropriated property is not a valid defense. Okla. Stat. tit. 21 § 1460
However, restoring the embezzled property does appeal to the mercy of a court. Thus, a defendant could get a lighter sentence. Okla. Stat. tit. 21 § 1461
Penalties for Embezzlement in Tulsa
The punishment a defendant faces for this crime is determined by the value of what was embezzled. For property worth less than $500, a defendant could face up to a year in jail, pay a fine of up to $1,000, or both. This crime is a misdemeanor in Tulsa.
For embezzling property worth more than $500 but less than $1,000, a defendant faces a fine of up to $5,000, a year in jail, or both. A defendant is also expected to pay restitution.
For property worth more than $1,000 but less than $25,000, a defendant could spend up to five years in prison, pay a fine of up to $5,000, or both. The defendant is also expected to pay restitution.
Embezzling over $25,000 could see a defendant spend up to 10 years in prison as well as pay a fine of up to $10,000 and restitution to the victim.
A public officer embezzling public funds could face up to 10 years in prison and a fine of up to three times the stolen amount.
If you are facing charges of embezzlement by employee, talk to our Tulsa criminal defense attorneys today. Depending on the amounts you have embezzled, you could spend a lot of time in jail and pay hefty fines. The best option to reduce the possibility of getting convicted is to get the counsel of a seasoned Tulsa criminal attorney.
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When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa felony defense lawyer to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600.
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