Lafayette Embezzlement Lawyer

Lafayette Embezzlement Attorney

Many people find themselves in difficult legal situations, but accusations do not equal a guilty verdict. Strong defenses can often defeat an embezzlement charge. Working with a Lafayette embezzlement lawyer can help you reduce or avoid penalties like prison time and other lasting consequences like fines, restitution, and a lasting criminal record.

Proud to Stand Up for Our Clients

A serious charge demands a strong defense. The Law Office of Joshua S. Guillory is a Lafayette-based firm that takes criminal defense seriously by challenging weak evidence and pushing back against overzealous prosecutors. Founded by a veteran of Operation Iraqi Freedom, we bring discipline, focus, and experience to every case.

What Is Embezzlement?

Embezzlement occurs when someone lawfully possesses another person’s money or property but later takes it or misuses it for personal gain. This crime differs from common theft because the person originally had permission to handle the assets.

Many embezzlement cases involve employees, managers, or professionals in positions of trust. Louisiana treats this as a form of theft, requiring proof of both unauthorized taking and intent. The severity of the charges depends on the amount stolen and the relationship between the parties involved. Even small amounts can lead to legal trouble, but larger amounts carry harsher penalties.

Common Examples of Embezzlement

Embezzlement takes many forms but often involves a betrayal of trust in professional relationships. These examples include:

• Employee theft: Workers who take cash from registers, overcharge customers, or manipulate refunds can face embezzlement charges. Even small amounts taken repeatedly can add up to felony charges. These schemes often involve falsifying transaction records or voiding legitimate sales to cover up the theft. Small businesses are especially vulnerable since they lack the monitoring systems to track these actions.
• Payroll fraud: An employee or manager who falsifies time cards, issues fake paychecks, or diverts funds to ghost employees commits embezzlement. Businesses often uncover this through audits. Payroll fraud can be particularly damaging because it typically involves systematic theft over long periods. Perpetrators often use their position of authority to override controls.
• Misuse of business funds: A manager who takes company money for personal expenses, such as travel or entertainment, may be guilty of embezzlement. Unauthorized use of corporate credit cards falls into this category. This type of fraud often begins with small purchases that seem justified as business expenses but escalate over time. Perpetrators might mix legitimate business expenses with personal ones.
• Nonprofit or charity fraud: A board member or executive who redirects donations for personal benefit can face charges. This includes unauthorized withdrawals and fabricated expenses. These cases are particularly egregious because they divert funds intended for charitable purposes and can damage public trust in nonprofit organizations. Offenders can create fake vendors, inflate costs, or misappropriate restricted funds.
• Fiduciary misconduct: Lawyers, accountants, or financial advisors who improperly handle client funds may be charged with embezzlement. This applies when trust accounts or investment funds are used for unauthorized purposes. These professionals often have significant discretion over large sums of money, making their betrayal of trust especially serious.

Embezzlement isn’t just a financial crime. It’s a violation of trust that can have lasting effects on businesses, employees, and communities.

What to Do If Accused of Embezzlement in Lafayette

Taking the right steps early on can make a difference if you receive embezzlement charges. Anyone accused should avoid discussing the case with coworkers or law enforcement without legal representation. Prosecutors can use statements against the accused, even if they seem harmless.

Gathering financial records and related documents can help in building a defense. Consulting with a Lafayette Embezzlement Lawyer as soon as possible allows for a stronger strategy. They can help you negotiate and prepare for trial if necessary.

A criminal defense attorney plays an important role in protecting the rights of someone accused of embezzlement. Lawyers can review financial documents, question witnesses, and challenge weak evidence. They can also negotiate plea deals to reduce penalties or seek alternative resolutions like probation.

At The Law Office of Joshua S. Guillory, our experienced legal team understands Louisiana’s theft laws and how courts handle embezzlement cases. We can argue for lesser charges by highlighting procedural errors or presenting alternative explanations. With strong representation, defendants have a better chance of avoiding the harshest penalties.

FAQs About Lafayette Embezzlement Laws

Q: What Is Embezzlement?

A: Embezzlement is a type of theft that happens when someone lawfully gains access to another person’s money or property but then takes it for personal use. Louisiana classifies embezzlement as a form of theft because a person takes something of value that belongs to someone else. Embezzlement usually involves an employee or manager misusing funds or assets they had permission to handle.

Q: What Are the Penalties for an Embezzlement Conviction?

A: The penalties for an embezzlement conviction in Lafayette, Louisiana depend on the value of the stolen property. Louisiana punishes theft in tiers, with harsher consequences for higher amounts. If the value is high enough, the offense becomes a felony. Courts may also impose restitution, forcing a convicted person to repay the stolen funds.

Q: Can Someone Be Charged With Embezzlement Without Evidence of Theft?

A: Someone can be charged with embezzlement without evidence of theft. Circumstantial evidence like altered financial records, missing funds, or sudden personal wealth can support a case. Witness testimony, digital transaction records, and accounting irregularities often play a role in proving intent. The prosecution must show that the accused took or misused money rather than physically stole it.

Q: What Defenses Can Be Used in an Embezzlement Case?

A: The defenses that can be used in an embezzlement case include lack of intent, or proving that the accused never meant to steal but made an accounting error or acted under mistaken belief. Another defense is consent, where a person had authorization to use the funds in question. Insufficient evidence is another strategy because the prosecution must prove guilt beyond a reasonable doubt.

Contact The Law Office of Joshua S. Guillory

Embezzlement charges are extremely serious, but they don’t always result in a conviction. A strong defense from Lafayette Embezzlement Lawyer can make all the difference in your case. Schedule a consultation with The Law Office of Joshua S. Guillory to expose flaws in the prosecution’s case and fight for a positive result.