What Is Embezzlement?
Embezzlement can be charged as one of two crimes in Colorado depending on the unique circumstances involved. These include:
Embezzling by Theft
Under Colorado Revised Statutes (C.R.S.) §18-4-401 and 403, embezzlement can be charged as a theft crime. This offense is committed when a person “knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception.”
Additionally, the defendant will:
- Intend to deprive the other party permanently of the use or benefit of the thing of value;
- Knowingly use, conceal, or abandon the thing of value in a way that deprives the other party permanently of its use; or
- Retain the thing of value for over 72 hours after the agreed-upon time of return.
Various acts can lead to embezzlement by theft charges. Common examples include:
- Misappropriation of funds from an employer or client
- Unauthorized transfer of company or client assets to personal accounts
- Falsifying financial records or manipulating accounting systems
- Diverting cash payments or checks intended for the employer or client
- Selling company or client property for personal gain without authorization
- Creating fraudulent invoices or billing schemes to receive payments
- Using company credit cards or expense accounts for personal expenses
- Manipulating payroll systems to obtain unauthorized salary or bonus payments
- Illegally obtaining and exploiting trade secrets or intellectual property for personal gain
- Creating ghost employees or fictitious vendors to siphon money from the organization
Embezzling of Public Property
According to C.R.S. §18-8-407, “embezzling of public property” is the misappropriation or unauthorized use of public property by a public servant. This is considered a separate crime from embezzling by theft. Consider these common acts that can lead to embezzlement charges:
- Diverting public funds for personal use
- Misusing public procurement processes for personal gain
- Falsifying records to hide the misappropriation of public property
- Selling or disposing of public property without proper authorization
- Using public resources, such as vehicles or equipment, for personal purposes
- Accepting bribes or kickbacks in exchange for misusing or misappropriating public property
- Using confidential information obtained through public service for personal benefit
- Embezzling funds or property from government agencies, departments, or programs
- Fraudulently obtaining reimbursements or reimbursements for personal expenses
- Allowing others to use public property without proper authorization or compensation
Defending Against Embezzlement in Colorado
When your future hangs in the balance, it's imperative to secure an experienced defense. Fortunately, our embezzlement defense lawyers have handled thousands of cases in Colorado Springs and beyond, making us well-equipped to defend your rights and fortify your case with relevant evidence to make it as compelling as possible.
There are various defense strategies against embezzlement, including:
- Lack of intent: If the prosecution cannot prove your intent to commit a crime, our attorneys can use this strategy to fight for the dismissal of the embezzlement charges against you.
- Duress: If you were coerced to commit a crime under duress, our lawyers can fortify your case with solid evidence to support your claim.
- Incapacity: If you weren’t of sound body or mind at the time of the offense, our attorneys can defend your rights by identifying this incapacity and presenting it compellingly in court.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Penalties for Embezzlement in Colorado
The criminal penalties for embezzlement vary based on the value of what was embezzled. There is a wide range of penalties that can result from an embezzlement conviction. These include:
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Embezzlement Misdemeanors
Embezzlement misdemeanors are punishable by the following penalties:
- Petty Offense: Embezzled property totaling less than $300 is punishable by up to 10 days in jail and up to $300 in fines.
- Class 2 Misdemeanor: Embezzled property totaling $300 to $1,000 is punishable by up to 120 days in jail and up to $750 in fines.
- Class 1 Misdemeanor: Embezzled property totaling $1,000 to $2,000 is punishable by up to 364 days in jail and up to $1,000 in fines.
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Embezzlement Felonies
Embezzlement can also be charged as a felony. The penalties for a felony embezzlement conviction generally include:
- Class 6 Felony: Embezzled property totaling $2,000 to $5,000 is punishable by 12 to 18 months in prison and up to $100,000 in fines.
- Class 5 Felony: Embezzled property totaling $5,000 to $20,000 is punishable by 1 to 3 years in prison and up to $100,000 in fines.
- Class 4 Felony: Embezzled property totaling $20,000 to $100,000 is punishable by 2 to 6 years in prison and up to $500,000 in fines.
- Class 3 Felony: Embezzled property totaling $100,000 to $1 million is punishable by 4 to 12 years in prison and up to $750,000 in fines.
- Class 2 Felony: Embezzled property totaling $1 million or more is punishable by 8 to 24 years in prison and up to $1,000,000 in fines.
For felony embezzlement convictions, defendants can also face up to 5 years of mandatory parole.
Colorado Springs Embezzlement Defense Lawyers
Fiercely Defending Against Embezzlement in Colorado
Embezzlement is one of the most common white-collar crimes, and a conviction can result in serious criminal penalties. If you or a loved one is facing charges for embezzlement, securing an experienced defense is essential to defend your rights and safeguard your freedom. At The Gasper Law Group, our embezzlement defense lawyers can work tirelessly to reduce or dismiss the embezzlement charges against you in Colorado Springs.
Our skilled negotiators have an in-depth understanding of criminal law to help you navigate the intricacies of criminal court while avoiding potential pitfalls. Our team understands how daunting it can be to face such serious allegations, which is why our determined attorneys are committed to defending your rights.
Contact us online to learn how The Gasper Law Group can help you avoid the life-altering penalties of an embezzlement conviction.
Contact an Embezzlement Attorney in Colorado Springs
Our experienced embezzlement defense lawyers have nearly 20 years of experience defending the accused. With thousands of cases handled, you can count on The Gasper Law Group to deliver the exceptional representation you deserve to fight the life-changing penalties of a criminal conviction. From defending against DUI/DWAI charges to parole and probation violations, our seasoned attorneys have the extensive knowledge and diverse experience to evaluate each client’s unique needs and employ an effective defense on their behalf.
If you were charged with a crime, call (719) 212-2448 to schedule a free consultation with an experienced attorney in Colorado Springs.
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