Long Island Embezzlement Lawyer

Embezzlement Attorney in Long Island, NY

Money mismanagement is not always a crime. Making a mistake is not legally equivalent to purposefully mismanaging or intentionally stealing money you have been entrusted with. A Long Island embezzlement lawyer can help ensure your rights are protected. Given the unique aspects of your case, an attorney can negotiate for lesser charges and represent you in court should the case go to trial.

Hire an Embezzlement Lawyer

Since 2010, Jonathan Savella, Attorney at Law, has helped residents of New York experiencing difficult legal issues. A seasoned trial attorney, Jonathan Savella, has experience in both trial and appellate courts. If you’re facing embezzlement charges, our team can review the facts of your case and mount a strong defense against the charges. Penalties for embezzlement can be steep. Hire an embezzlement lawyer who has the experience to mount a compelling defense.

Embezzlement in Long Island

Embezzlement is not a specific crime in New York but a type of larceny that meets specific criteria. Larceny involves illegally taking another person’s property without the use of force. For larceny to be considered embezzlement, the accused must meet the following requirements:

• They were in a position of trust over the other person’s assets. This could include family, friends, someone you hire, an organization, or a government agency.
• They used their position of trust to access the other person’s money.
• They stole the money intentionally.
• They took possession of the money.

The most prominent industries on Long Island include the healthcare sector, financial services, manufacturing, and life sciences industries. These sectors deal with large volumes of money and other assets.

The New York State Division of Criminal Justice Services keeps records of crimes committed in every county of New York. During 2024, the counties that make up Long Island saw:

• Kings County, 38,683 larceny cases
• Nassau County, 12,384 larceny cases
• Queens County, 35,198 larceny cases
• Suffolk County, 15,791 larceny cases

State and local embezzlement cases are heard at the local county courthouses, such as Suffolk County or Nassau County courthouses. Federal cases are heard in the Eastern District of New York, located in Central Islip.

The Legal Process

When you have been accused of embezzlement, it can feel overwhelming. Finding trusted legal counsel to guide you through the process can help ease your anxiety and keep you focused on your defense. You have the right to have counsel present during questioning and in court. The legal process of being charged with embezzlement usually involves five phases. Those phases include:

1. The investigation phase. During the investigation, evidence is collected that prosecutors believe shows evidence of embezzlement activity. Embezzlement cases often begin from a whistleblower tip, an internal audit, or directly by a government agency.
2. The arrest phase. If the investigation garners enough evidence to show probable cause, an arrest is made by law enforcement officers. Felony cases are indicted, while misdemeanors are informed.
3. The hearing phase. After the accused has been arrested, they are informed of their charges and enter a plea during the initial arraignment. Bail may be set, or the defendant may be released.
4. The pre-trial phase. During pre-trial, your attorney can negotiate with the prosecution to have the charges reduced or to reach a plea agreement. Motions to suppress evidence can be filed, and the discovery phase allows the defense to examine the evidence collected by the prosecution.
5. The trial phase. If a plea agreement could not be reached, the case goes to trial. The judge and jury listen to each side and return a verdict. If a guilty verdict is reached, the judge decides on a punishment. An appeal can also be filed if a guilty verdict is returned.

FAQs

What Is the Penalty for Embezzlement in New York?

The penalty for embezzlement in New York depends on the total amount that was embezzled. You are either charged with petit or grand larceny. Smaller dollar amounts are charged as a misdemeanor, while larger amounts constitute a felony. Those convicted are also required to pay restitution to the victims for their monetary losses. You also may have your assets forfeited to cover the cost of restitution.

What Is the Statute of Limitations on Embezzlement in New York?

In New York, the statute of limitations on embezzlement, which is a form of larceny, is determined by the seriousness of the charges. For a misdemeanor charge of larceny, the statute of limitations is two years. For a felony charge of larceny, the statute of limitations is five years. The total dollar amount embezzled determines whether the charge will be considered a misdemeanor or a felony.

What Are Common Defenses in an Embezzlement Case in New York?

To build a proper defense strategy for an embezzlement case in New York, you have to look at the unique facts of the case. Common defenses include establishing a lack of intent or showing there is insufficient evidence for the charges. You could also demonstrate that the embezzlement was conducted under duress or through coercion. Providing proof that the alleged victim provided consent to use the funds or that the crime was induced through entrapment is essential.

Can an Embezzlement Charge be Reduced or Dismissed in New York?

Yes, embezzlement charges are eligible to be reduced or dismissed in New York. An experienced embezzlement attorney can help negotiate for reduced charges or a reduced sentence, depending on the facts of your case. The case could be dismissed if there is evidence that you did not commit the embezzlement or if your rights were violated during the investigation.

Can an Embezzlement Case Be Settled Out of Court?

It is common for embezzlement cases to be solved through negotiations instead of being litigated in court. Negotiations can reduce charges, arrange restitution, agree on probation or alternative sentencing options, or defer or dismiss the charges if conditions are agreed to and met. In this way, you could come to an agreement with the victim and have the charges dismissed once your obligations to that agreement have been met.

Contact the Law Office of Jonathan Savella

When facing embezzlement charges, it’s important to find legal representation right away. Accusations of inappropriate financial dealings can have lasting consequences in your personal and professional life. Contact the Law Office of Jonathan Savella today to schedule your initial consultation.