Embezzlement Defense Lawyer on Long Island

Being accused of embezzlement on Long Island can threaten everything you’ve worked for. Even a simple accounting mistake can trigger a criminal investigation, putting you at risk of jail time, fines, and professional consequences. Prosecutors often treat these cases as intentional fraud, even when the facts suggest otherwise.

You may feel overwhelmed, especially if investigators have already contacted you or your employer has raised concerns. Without early legal representation, your words and records could be used against you, even before formal charges are filed.

At The Law Offices of Scott Gross, P.C., we provide strategic defense for individuals facing embezzlement and other white-collar crime allegations. As a former prosecutor, Scott Gross understands how these cases are built and how to dismantle them. Our team fights to protect your rights, challenge weak evidence, and pursue the most favorable outcome possible.

How Can an NYC Embezzlement Defense Lawyer Help Reduce Charges?

A New York City embezzlement defense attorney provides essential legal advice and advocacy to individuals facing serious financial crime charges. Embezzlement accusations carry significant penalties, including fines, restitution, and a potential prison sentence, making it critical to have experienced counsel who can navigate the complexities of the case. An experienced criminal defense attorney examines prosecution evidence for weaknesses and inadmissible elements that could lead to charge reduction or dismissal. Legal representation before formal charges helps protect your rights and builds a strong defense strategy. New York embezzlement lawyers negotiate with prosecutors to potentially minimize penalties through plea agreements. Early intervention often prevents case escalation and allows for careful examination of financial records.

Why Choose The Law Offices of Scott Gross, P.C.

The Law Offices of Scott Gross, P.C., dedicates its practice to defending clients against criminal charges, including embezzlement cases on Long Island. Their attorneys possess extensive experience handling white-collar crime defense where professional licenses, careers, and reputations hang in the balance. The firm maintains a proven track record representing clients in Nassau and Suffolk County courts, with detailed knowledge of local criminal procedures and financial crime prosecution.

What is Embezzlement?

Embezzlement occurs when someone misuses property they were legally entrusted to manage. Unlike theft, which involves taking property without permission, embezzlement begins with authorized access, often through a job role or fiduciary duty.

To prove embezzlement under New York law, the prosecution must establish:

• A relationship based on trust existed
• The accused had legal access to the property
• The property was used for personal benefit
• There was an intent to deprive the rightful owner

Embezzlement vs. Theft

Although both crimes involve the unlawful taking of property, embezzlement and theft differ in how the property was accessed. Theft occurs when someone takes property without permission. In contrast, embezzlement involves the misuse of access that was originally granted legally.

This distinction influences:

• How prosecutors approach the case
• The available legal defenses
• What must be proven at trial
• The severity of potential penalties

For instance, an employee authorized to access company accounts who uses funds for personal expenses may face embezzlement charges. However, someone who breaks in and steals those same funds would be charged with theft.

Types of Embezzlement

Common examples of embezzlement include:

• Skimming cash from registers by retail staff
• Submitting false payroll hours or timesheets
• Executives misusing corporate funds
• Creating fake invoices for fraudulent payments
• Altering or forging checks
• Transferring funds electronically without permission

These schemes vary in complexity. A cashier taking money from daily transactions reflects a straightforward case, while a financial officer creating fake vendors and issuing payments to themselves shows a more advanced type of fraud. Small businesses often experience theft through petty cash misuse, whereas large corporations may face extensive schemes involving financial record manipulation.

What to Do if You Are Accused of Embezzlement?

If you are accused of embezzlement on Long Island, take the following steps immediately:

• Do not answer questions from law enforcement without your attorney present
• Preserve all relevant documents, including financial records, emails, and communications
• Avoid speaking with coworkers or accusers about the case
• Contact a New York criminal defense attorney with experience in financial crimes

Early legal representation helps protect your rights, allows time to review the evidence, and may prevent charges from escalating.

Understanding Embezzlement Charges and Consequences

New York classifies embezzlement as a serious criminal offense. Penalties depend on the value of the stolen assets and the context of the crime. Misdemeanor charges can lead to up to one year in jail, while felony convictions may result in prison terms of 15 years or more. Courts often impose restitution and financial penalties.

In addition to jail time and fines, embezzlement convictions may cause long-term consequences such as:

• A permanent criminal record that impacts future employment
• Loss or suspension of professional licenses
• Disqualification from public contracts or financial roles
• Barriers to obtaining loans or housing
• Significant harm to personal and professional reputation
• Risk of deportation for non-citizens

Because of these serious outcomes, consulting with a Long Island criminal defense attorney is essential.

Understanding the Criminal Penalties for Embezzlement in New York

New York penalizes embezzlement under its larceny statutes, with charges determined by the value of the misappropriated property:

• Petit larceny (less than $1,000): Class A misdemeanor, up to one year in jail
• Grand larceny in the fourth degree ($1,000–$3,000): Class E felony, up to four years in prison
• Grand larceny in the third degree ($3,000–$50,000): Class D felony, up to seven years in prison
• Grand larceny in the second degree ($50,000–$1 million): Class C felony, up to 15 years
• Grand larceny in the first degree (over $1 million): Class B felony, up to 25 years

Courts may also order defendants to pay restitution and fines, which can total up to twice the amount stolen.

What Are the Long-Term Consequences of an Embezzlement Conviction?

An embezzlement conviction in New York can affect nearly every aspect of your personal and professional life. Many employers will not hire individuals with a financial crime on their record, especially for roles involving trust or access to money. Licensing boards frequently revoke or deny credentials for professionals such as accountants or financial advisors.

Other long-term effects may include:

• Immigration consequences for non-citizens, including deportation
• Difficulty passing background checks for housing or loans
• Ongoing damage to personal relationships and community reputation

Even after completing a sentence, the impact of an embezzlement conviction may last for years.

What Are the Stages of a Criminal Case in NYC?

A criminal case in New York City generally progresses through the following stages:

Investigation

• Law enforcement reviews financial activity and gathers records
• Witnesses may be interviewed
• Prosecutors evaluate evidence to determine whether to file charges

Arrest and Arraignment

• Charges are formally filed in court
• The judge advises the defendant of their rights
• Bail may be set depending on the charges and risk factors

Pretrial

• The court hears motions related to evidence
• Defense counsel may seek dismissal or exclusion of certain items
• Prosecutors and defense attorneys may negotiate a plea deal

Resolution

• The case proceeds to trial if no agreement is reached
• The prosecution must prove guilt beyond a reasonable doubt
• If convicted, sentencing occurs
• Defendants retain the right to appeal

A New York embezzlement attorney defends clients throughout each step, often resolving cases without trial through strategic negotiations and evidence challenges.

What Type of Evidence is Used in Embezzlement Cases?

In embezzlement cases, prosecutors often rely on the following evidence:

• Financial records, such as bank statements and accounting ledgers, showing irregular or unauthorized activity
• Emails or messages that document financial transactions or attempts to hide misconduct
• Testimony from colleagues, supervisors, or auditors
• Expert forensic accounting reports outlining misappropriated funds
• Security footage or system logs showing suspicious behavior
• Personal credit card receipts or reimbursement claims for non-business expenses

Forensic accountants are frequently used to analyze complex records and provide a total estimated loss to support the prosecution’s case.

How to Defend Against Embezzlement Allegations in New York?

Common defense strategies in Long Island embezzlement cases include:

• Showing that the defendant lacked criminal intent by highlighting errors or accounting mistakes
• Providing evidence that the transactions were authorized and aligned with standard practices
• Demonstrating incomplete or inaccurate financial records that caused confusion
• Presenting documentation of business policies or internal approvals

The strongest defense depends on the unique facts of each case. A criminal defense attorney may challenge the credibility of prosecution evidence, highlight procedural flaws, or show that the conduct did not meet the threshold for embezzlement.

What is the Statute of Limitations on Embezzlement in New York?

Under New York law, felony embezzlement charges must generally be filed within five years of the offense. For most defendants, the five-year statute of limitations begins when the offense occurs. However, if the embezzlement involved a fiduciary duty, prosecutors may have one year from the date the offense is discovered to file charges.

In cases involving repeated or continuous conduct, the timeline may start from the last incident in the scheme. Certain factors may extend the limitation period, including:

• The defendant’s absence from New York
• Efforts to conceal records or evidence
• Involvement of public or government funds

Because of these deadlines, contacting a defense attorney early helps protect your rights and build a timely defense.

Can Embezzlement Charges Be Reduced or Dismissed?

Embezzlement charges on Long Island may be reduced or dismissed based on the facts of the case and available legal defenses. Common strategies include:

• Negotiating restitution agreements to repay the disputed funds
• Identifying weaknesses in financial records or transaction tracking
• Demonstrating that actions stemmed from error rather than intent
• Showing the defendant had prior authorization or approval

Prosecutors may also consider reductions for first-time offenders. A criminal defense attorney can help negotiate with the district attorney and pursue the most favorable outcome based on available evidence.

Is It Possible to Settle an Embezzlement Case Out of Court?

Many embezzlement cases on Long Island resolve without trial through negotiated settlements. Criminal defense attorneys work with prosecutors to arrange plea agreements that may include:

• Reducing the severity of charges
• Repayment of funds through restitution
• Probation or alternative sentencing instead of jail
• Deferred prosecution or dismissal if conditions are met

Experienced New York defense counsel can negotiate terms that address both the prosecution’s concerns and the defendant’s long-term interests.

Can I Be Charged With Embezzlement if I Made a Bookkeeping Mistake?

To convict someone of embezzlement in New York, the prosecution must prove intent to commit fraud. Honest accounting mistakes, misappropriations, miscalculations, or administrative oversights do not meet this legal standard.

Defense attorneys may present evidence such as:

• Documentation of standard bookkeeping practices
• Proof that the error lacked personal financial benefit
• Records of correction attempts
• A consistent history of accurate accounting

The prosecution must prove intent to defraud. If the conduct resulted from a bookkeeping error without personal gain, this may be a viable defense against embezzlement charges.

Can Multiple Thefts Be Combined Into a Single Embezzlement Charge?

In New York, prosecutors may consolidate multiple small theft crimes into a single embezzlement charge if they are part of a continuous scheme. For example, if an employee repeatedly takes small amounts over time, the total value may be used to determine a higher felony charge.

This can lead to:

• Enhanced felony classifications
• Harsher sentencing guidelines
• Increased restitution and fines

A criminal defense attorney may argue that the incidents were isolated or unrelated, challenging the prosecution’s effort to treat them as one ongoing offense.

How Long Does an Embezzlement Case Take to Resolve?

Embezzlement cases on Long Island can take several months to over a year to resolve, depending on factors such as:

• The volume and complexity of financial records
• The number of transactions under scrutiny
• Whether multiple individuals are involved
• Availability on the court’s docket
• Need for expert witnesses or forensic accounting

Straightforward cases with clear evidence may conclude in three to six months, particularly if resolved through a plea deal. More complex cases, especially those going to trial, may last 12–18 months or longer.

Accused of Embezzlement? Get a Former Prosecutor on Your Side.

Facing embezzlement charges can jeopardize your career, reputation, and future. Do not wait to get the legal guidance you need. Involving an attorney early on allows you to challenge the accusations and protect your interests.

Contact The Law Offices of Scott Gross, P.C. today to speak with a Long Island criminal defense lawyer who understands the stakes. Call 516-500-9068 or fill out our contact form for a confidential and free consultation with an experienced Long Island embezzlement defense attorney.