Embezzlement

Best Embezzlement Lawyers

Our specialist embezzlement lawyers have years of experience dealing with employees who have been charged with stealing money (and/or property) from their employers. See our recent results for fraud.

We understand that it can be a frightening experience with long-term consequences for yourself and your career.

We have successfully defended many employees who have been charged with embezzlement as well as obtaining ‘non-conviction orders’.

Contact us now to speak to our Law Society accredited specialist in criminal law.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Embezzlement?

  Section 157 of the Crimes Act 1900 (NSW) sets out that if an employee took money or property from their employer without said employer’s consent, the employee can be guilty of an offence.

  This is a ‘Table 2’ offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless the prosecution elects to deal with it in the District Court.

   

  How Do You Beat an Embezzlement Charge?

  You can fight an embezzlement charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. You were an employee, clerk or servant to the owner of the property/money; and
  2. You took money or property (this includes delivering or receiving) in your employer’s name, or for your employer; and
  3. You were not entitled to take the property/money.

   

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

   

  What are the Defences to Embezzlement?

  The following defences to embezzlement can result in you being found ‘not guilty’:

  1. Claim of right: you held an honest belief that you were entitled to take to property
  2. When you took the property, you didn’t intend to permanently deprive your employer of it
  3. Abandonment: If the property was abandoned
  4. Possession: If the prosecution cannot prove you had custody and control of the property
  5. Duress: You were forced to commit the offence
  6. Necessity: Your actions were necessary in the circumstances

   

  We have a team of specialist embezzlement lawyers who have years of experience in obtaining ‘not guilty’ verdicts. If you have a viable defence, we also focus on having charges withdrawn by Police at an early stage in the proceedings.

  Speak to Australia’s best criminal lawyers for expert charges now to obtain advice on any possible defences you may have open to you.

• PLEADING GUILTY

  Our guide on pleading guilty to Fraud offences will provide you some assistance in preparing for sentencing. Please note that this guide is a non-exhaustive list and not specifically tailored to your case.

  Contact us now so that our accredited specialist in criminal law can provide you advice tailored to your case and represent you in Court.

   

  What is the Penalty for ‘Embezzlement by Clerk or Servant’?

  The maximum penalty for ‘embezzlement by clerk or servant’ is 10 years jail if heard in the District Court.

  However, if matter is heard in the Local Court and:

  1. the value of the property is more than $5,000: the maximum penalty is 2 years jail;
  2. the value of the property is less than $5,000: the maximum penalty is 12 months jail and/or a fine of $5,500;
  3. the value of the property is less than $2,000: the maximum penalty is 12 months jail and/or a fine of $2,200.

  What Are the Possible Sentences for Embezzlement?

  Below are possible sentencing options for a charge of embezzlement:

  1. Section 10 dismissal
  2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Full Time Imprisonment

  Will You Go to Jail for Embezzlement?

  When analysing statistics for embezzlement from 2018 to today, what is revealed is that only 7% of offenders received no conviction for embezzlement. 21% of offenders were sentenced to some form of imprisonment and 14% of offenders were sentenced to full-time jail. All remaining offenders received convictions on their criminal records.

  Clearly, avoiding a conviction is not easy. As such, you should speak to the best embezzlement lawyers for the best chance of keeping your criminal record unblemished.

FAQs

How long do you go to jail for embezzlement?

The maximum jail term for ‘embezzlement by clerk or servant’ is 10 years if heard in the District Court.

However, if matter is heard in the Local Court and:

1. the value of the property is more than $5,000: the maximum penalty is 2 years jail;
2. the value of the property is less than $5,000: the maximum penalty is 12 months jail and/or a fine of $5,500;
3. the value of the property is less than $2,000: the maximum penalty is 12 months jail and/or a fine of $2,200.

Can you go to jail for employee theft in NSW?

Yes, you can go to jail for employee theft in NSW. To see how you can avoid this, contact our team and we can immediately begin preparing to defend you.