Across the state in 2017, there were over 211,000 property-related offenses reported. This equates to a rate of 1,653 offenses for every 100,000 people. In 2016, the total value of losses that resulted from theft was $401,731,707. This number declined in 2017, as losses were an estimated $383,857,447. One type of offense that involves the theft of property is embezzlement. Here in Chester County, such criminal matters are heard by the Court of Common Pleas in West Chester.
Crimes of Embezzlement
Theft is a crime that involves depriving or otherwise disposing of someone else's property. Property is essentially anything that has value and may be either tangible or intangible. Acts of embezzlement are serious theft-related charges committed by someone with whom the victim has an existing relationship. This relationship is “fiduciary” in nature, which is a term of Latin origin meaning “to trust.”
Crimes of embezzlement are acts of theft committed by someone entrusted with responsibility for handling the affairs of a person or organization. Pennsylvania statute does not have a separate offense termed as embezzlement, as they are charged as theft offenses.
Theft by Unlawful Taking or Disposition
The provisions of the Pennsylvania Code (§3921) explain how theft may involve movable or immovable property. Movable property is something that can be relocated elsewhere. Immovable property is something that is fixed to a specific location. For example, a house or other property that would be altered or destroyed if it were removed.
Misapplication of Entrusted Property and Property of Government or Financial Institutions
The provisions of Pennsylvania Code (§4113) pertains to acts of theft committed involving property that an individual has been entrusted to manage. It involves the unlawful disposal of property that is detrimental to a property owner. This and other theft offenses are graded according to the value of the property stolen, along with other variables based on the circumstances.
|
Maximum Incarceration |
Maximum Fine |
||
|
Felony: First Degree |
Value exceeds $500,000 |
20 years |
$25,000 |
|
Felony: Second Degree |
Value between $100,000 and $500,000 |
10 years |
$25,000 |
|
Felony: Third Degree |
Value between $2,000 and $100,000 |
7 years |
$15,000 |
|
Misdemeanor: First Degree |
Value between $200 and $2000 |
5 years |
$10,000 |
|
Misdemeanor: Second Degree |
Value between $50 and $200 |
2 years |
$5,000 |
White Collar Crime
Offenses such as embezzlement are commonly considered to be among the many forms of “white collar” criminal activities. The FBI estimates that nearly $300 billion in losses occur across the U.S. each year that are attributed to white-collar crime. These offenses are typically non-violent actions that are often financially motivated. They tend to be executed in a covert manner and are often not detected until well after the criminal acts have occurred. Other common such crimes include credit card or tax fraud, identity theft, forgery, and more.
Representation From an Experienced Defense Lawyer
Those who are convicted of theft charges such as embezzlement may be sentenced to a lengthy period of incarceration. Offenders may also experience long-term difficulties when subjected to a background check, such as for potential employment. Your attorney may effectively counter the allegations by seeking to have evidence excluded or challenging the credibility of witness testimony. It is critical to choose a lawyer that has years of experience in this realm of legal practice.
Attorney Joseph D. Lento aggressively defends clients in criminal matters in the Pennsylvania courts. If you are currently facing charges in Chester County, contact the office today for a consultation at (888) 535-3686.
