embezzlement

An embezzlement is a theft from a property's owner. Under Wisconsin laws, an embezzlement is charged as theft by fraud.

Differentiating Embezzlement From Theft

Where a theft involves the taking and moving of the property of another (that is under the property owner's control or under the control of a person to whom the owner assigned the property) with the intent to deprive the owner of that property. An embezzlement also occurs when property is taken, but unlike a theft, in an embezzlement the person taking the property has control over that property.

Control over embezzled property

In an embezzlement, the person who takes the property of another usually has control over the property. A clerk in a store, for example, controls the money drawer of a cash register; an embezzlement would occur if the clerk took money from the cash drawer of the register without permission.

possession of property in embezzlement

Possession is a legal term that means that the person has control over the property or can obtain control over it relatively easily. So, as an example, if a person takes money from a cash register drawer and places it into their bank account, while the money is not physically in the hands of the person who took it they can obtain control over it by simply going to the bank and withdrawing the money. In that instance, the money would be considered as being in the possession of the person who took it.

embezzlement in varying degrees

Unlike sex crime charges that are classified by degrees (first degree sexual assault, second degree sexual assault, etc.), embezzlement is charged as theft by fraud without degrees. The distinguishing factor however is the value of the property involved in the embezzlement; the greater the amount of money or value of the property, the greater the criminal offense.

classifications for embezzlement - theft by fraud

Classification of a crime is often determined by the degree of harm done. Embezzlement is no different. A theft by fraud charge is dependant upon the value of the property. If the value of the property is at least as much as the value listed in the first column below, but less than the value listed in the second column, then the charge is equal to a criminal offense level as listed in the third column.

free initial consultation

If you are under investigation for embezzlement - theft by fraud - or any white collar crime, if you have been arrested for a theft by fraud, or if you have been convicted of theft by fraud and believe the conviction was wrong or the sentence was unduly harsh, call (608-284-1200) or e-mail the attorneys at Van Wagner & Wood right away. Attorney Chris Van Wagner or Attorney Tracey Wood will give you a brief but professional free first-impression analysis of your case.

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