Embezzlement refers to the theft or misappropriation of funds or property to which you have been entrusted.
For example, you may be charged with embezzlement where your employer has given you control of an account for business purposes, and you use funds in that account for some other unauthorised purpose.
It is a form of fraud that has the potential to result in heavy penalties; however you can maximise your chances of avoiding a conviction or heavy penalty with the assistance of an experienced legal team.
Sydney Criminal Lawyers® has successfully represented and won a multitude of serious fraud cases.
Our criminal law specialists have the expert knowledge and skills to secure the best possible outcome in your embezzlement case.
Before you can be found guilty of embezzlement, there are certain factors that the prosecution must prove beyond a reasonable doubt:
If you are charged with ‘larceny by public servant’ under section 160 of the Crimes Act, the prosecution must also prove that you were a public servant or someone employed by the government or a public body.
If the prosecution is unable to prove each and every one of these factors beyond a reasonable doubt, you will be found ‘not guilty’ of embezzlement.
Our lawyers will fight hard to protect your rights and interests by presenting all favourable evidence in a positive light and carefully examining all witnesses to cast doubt on the prosecution case.
Our lawyers can also identify and raise all possible defences, for example:
Embezzlement is a complex area of the law that demands the skill and insight of an experienced lawyer.
Our expert defence team have considerable experience fighting and winning fraud matters such as embezzlement and can advise you of the best steps to take in your embezzlement case.
For more information on embezzlement by clerk or servant, see our criminal legislation page here.
For more information on embezzlement by public servant, click here.
In some circumstances, you may simply wish to accept the allegations against you and plead guilty.
This is often beneficial as it shows the court that you have accepted responsibility for your actions.
Accordingly, the court is usually willing to impose a more lenient penalty than if you had been found guilty following a defended hearing.
However, it’s important to speak to an experienced criminal lawyer before pleading guilty as there may be some way in which you can fight the charges and escape a conviction altogether.
If you’re thinking about pleading guilty, you should also familiarise yourself with the maximum penalties that could apply.
The maximum penalty for embezzlement by clerk or servant is 10 years imprisonment.
The same maximum penalty applies in the case of larceny by public servant.
While these penalties may seem harsh, it is important to remember that they are the absolute maximums and will therefore only apply in the most serious cases.
If you wish to plead guilty, our highly skilled defence advocates can assist you in avoiding these heavy penalties by preparing persuasive sentencing submissions which highlight the positive factors of your case and persuade the court to impose a more lenient penalty.
The types of penalties that the court can impose include:
Our lawyers are highly skilled in preparing and delivering compelling sentencing submissions in some of the most serious fraud matters and will fight hard to ensure that you receive the best possible outcome in your embezzlement case.
Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.
Here are 12 reasons to choose our multi-award winning legal team:
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases. Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial. Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.
The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.
We offer free parking at our Sydney CBD and Liverpool locations, and all of our offices are close to train stations and bus terminals.
For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.
If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at email@example.com.