Embezzlement, like other theft offenses, is taken seriously in Nebraska. If the amount of money allegedly taken is large enough, a conviction could result in more than a decade of incarceration. Moreover, it could seriously harm a person’s career and reputation.
If you are being investigated for these allegations, you need the help of an experienced Nebraska embezzlement lawyer. A seasoned white collar crimes lawyer from Berry Law could build a strong defense to fight these charges. An aggressive attorney could defend your rights and reputation throughout the legal process while fighting for a better outcome.
What Is a Specific Intent Crime?
In Nebraska, embezzlement has been declared a specific intent crime. In other words, a prosecutor needs to establish beyond a reasonable doubt that the accused party clearly intended to commit the crime and did not simply misplace the money. Depending on the circumstances, a skilled Nebraska embezzlement attorney could build a strong defense that displays a lack of intent.
Nebraska Embezzlement Charges and Penalties
Embezzlement is commonly defined as fraudulently converting property that was in the holder’s lawful possession with the intent to permanently deprive the true owner of it. As such, these charges often arise when someone with fiscal responsibilities at work has money go missing under their watch.
According to the Nebraska Revised Statutes §28-518, a charge for the embezzlement of funds or property that is valued between $500 and $1,500 may be charged as a Class I misdemeanor. However, if the alleged act involved $5,000 or more, a prosecutor may bring Class IIA felony charges.
In Nebraska, a conviction for a Class IIA felony can carry a sentence of up to 20 years of incarceration with no mandated minimum. However, a seasoned embezzlement lawyer in Nebraska could fight these charges to work towards a more positive outcome.
Consolidation of Charges
Neb. Rev. Stat. §28-510 outlined that all alleged unlawful acts related to theft may be consolidated into one indictment and trial. Charges that might be combined with embezzlement into one theft charge may include extortion, larceny by trick, false pretense, and fraudulent conversion.
A purpose of this consolidation statute is to ensure a fair trial and prevent unfair surprise or improper notice to the defense. An accomplished lawyer could build a strong defense against multiple theft-related allegations to protect the accused’s freedom.
A Nebraska Embezzlement Attorney Could Be an Ally
Law enforcement and the Nebraska court system treat allegations of embezzlement seriously. Because the accused person was initially in a fiscally responsible position, embezzlement can have a negative impact on a person’s career and future.
The Nebraska Revised Statutes allows for all theft-related charges to be consolidated and reviewed by the courts collectively. However, the penalties for embezzlement can still be harsh and far-reaching.
If you were arrested and charged on allegations of embezzlement, you should take immediate steps to protect your reputation and your future. A capable Nebraska embezzlement lawyer could build an effective defense four your case. Call Berry Law today to schedule a confidential consultation and discuss the allegations against you.