Fraud vs Embezzlement. Any embezzlement or fraud conviction would be a “crime of moral turpitude,” which can block you from obtaining a wide variety of jobs. Plus, for large amounts pilfered, up to 20 years in state prison and over one-hundred-thousand-dollar fines are possible.
Types of Fraud Charges. At Barone Defense Firm, our law group is staffed and prepared to help those facing embezzlement charges, including those who were acting in a fiduciary relationship (e.g., lawyer frauds).
Michigan embezzlement laws dealing with misappropriating money or property of another are punishable as either a felony or misdemeanor. Factors controlling that “charging decision” by a prosecutor include several factors, including:
(1) The amount of money or dollar value of the items involved in the theft crimes;
(2) Are there prior convictions? The accused person’s prior criminal history (whether under state laws or local ordinances) for embezzlement or attempts to embezzle or secret money of other property of others;
(3) The identity of the victim (e.g., if it was taken from a non-profit organization), where the type of relationship that existed between the suspected person and the person harmed enabled the accused to get access to the victim’s money or property;
(4) If multiple incidents occurred, pursuant to a scheme or course of conduct, within any twelve-month period, is allowed to be added up and “aggregated” to determine the total value of money or personal property embezzled; and
(5) If the prior criminal acts are to be used by the prosecuting attorneys, to enhance the sentence severity, the details of such prior case or cases must be alleged in the accusatory documents.
Embezzlement cases in Michigan are serious crimes. For the exact wording on the Great Lakes State’s embezzlement and fraud statutes, click on the embezzlement Michigan law link below, or on the fraud Michigan link set forth below, in the same paragraph as that link.
If you or a loved one is charged with embezzlement, forgery, fraud, tax evasion, or similar legal issues, this can be a state offense or federal crime. Our fraud lawyers near me can review the arrest paperwork and then know what exact charges you are facing.
Further down this page, the reader can review the embezzlement elements required for the Prosecutor to accuse a case under Section 750.174 of Michigan criminal laws. To read the statute criminalizing fraud, go to this page for false pretenses and fraud crimes in Section 750.218, to see how both statutes contain similar punishment structures. Plus, a vulnerable adult victim has separate laws pertaining to those crimes.
How to Get Out of Embezzlement Charges in the Great Lakes State
Michigan embezzlement attorney Patrick T. Barone or his partner, Michael J. Boyle can evaluate the known facts surrounding your case at our law firm and assign the law office’s best-qualified defense attorney for that court jurisdiction. One of the benefits of having a larger law group is that this allows our legal team to tap into the skills and relationships that our various legal professionals have with your criminal court.
Thus, if you need to hire forgery lawyers near me for your court case, or (if charged with fraud and embezzlement), the case may be assigned to a different legal professional with Barone Defense Firm.
Misdemeanor or Felony Embezzlement Cases in MI
Misdemeanor Crimes of Embezzlement
For the embezzlement of cash (money) or personal property that is valued at less than $200 is a misdemeanor offense, that calls for potential jail time for those convicted, for as much as ninety-three (93) days. In addition, a monetary fine amount of five hundred dollars ($500) or three (3) times the amount of money misappropriated or personal property is taken, whichever is the greater amount.
For the embezzlement of money (cash) or personal property worth between $200 & $1,000, or (if the person has a prior embezzlement conviction) even if less than $200 is taken, or for any sum under $200 that was embezzled from a non-profit entity or charitable organization will be accused as a misdemeanor, with the potential incarceration time boosted to as much as once (1) year in custody.
As described above, a monetary fine of either $1,000 or three (3) times the value of the cash or personal property is taken, whichever is the greater number.
Felony Crimes of Embezzlement
Like the pattern shown for misdemeanors, when felony amounts are embezzled, punishment escalates. In addition, repeat offenders are subject to a lower dollar threshold for imposing felony prison time and fine amounts. This easy-to-follow chart lays out the stages of progressively more punitive sentencing options:
Average Jail Time for Embezzlement Crimes in Michigan
Until our attorneys know the details of your case, and which jurist is assigned as your trial court judge, we cannot give you an estimate. Three variables for your potential embezzlement jail time must be evaluated:
(1) What pattern of sentencing has your assigned Judge used in similar, recent embezzlement cases in Michigan?
(2) Was that prior sentencing for a repeat embezzler?
(3) How has this judge sentenced other when the embezzlement involves a non-profit, if that applies to your case?
This is part if the intensive investigation our trial lawyers undertake on your behalf. And remember, that if the case can be won at trial, that may be an option, as well as seeking a negotiated case settlement.
Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your MI Embezzlement Law Case
When you must have a top-rated embezzlement and fraud attorney near me, contact us 24 hours a day at our law firm’s easy-to-remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review.
The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations. If you are trying to protect your freedom and need our felony and misdemeanor law firm to structure an attorney fees payment plan, just ask about that when our Michigan lawyers review your case facts.
At the Barone Defense Firm, depending on years of experience, our criminal law attorneys have several different billing rates. As would be expected, these rates are based primarily on the experience and expertise of the specific attorney selected to represent you.
For your FREE lawyer consultation, call today to learn how to protect your yourself from a possible unwarranted OWI conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?
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