Houston Embezzlement Defense Lawyer

Being accused of embezzlement or employee theft can tarnish your reputation and ruin your professional career. If you believe you are under investigation for embezzlement or if you have been questioned about missing funds, contact an experienced embezzlement defense lawyer as soon as possible.

Houston defense attorney David Breston provides aggressive defense representation for employees who are accused of embezzlement and fraud. No matter how large the amount of money embezzled, the Law Office of David A. Breston is ready to defend your professional reputation. Call today for a free consultation.

Understanding Embezzlement Under Texas Law

While embezzlement is a common term, the Texas Penal Code technically handles these offenses under Chapter 31 (Theft) or Chapter 32 (Fraud). In many cases, what people call embezzlement involves allegations that a person used a position of trust to take or redirect money or property wrongfully.

A critical aspect of Texas law is the aggregation of amounts (Section 31.09). Prosecutors can combine several smaller, unauthorized transactions over a long period and aggregate them into a single charge. This can turn multiple misdemeanors into a high-level felony with significant prison time.

Serious Charges: Employee Theft and Embezzlement

Crimes such as embezzlement often result in long federal investigations that gather large amounts of evidence. If you believe you are under investigation, our embezzlement defense attorneys in Houston can get involved right away to show your innocence or get the charges reduced when possible. Depending on the amount embezzled, a conviction for embezzlement may result in:

• Long prison sentence, jail time, or probation
• Heavy fines or restitution
• Loss of employment
• Loss of professional license
• Blemished criminal record

For more information on different levels of embezzlement and theft charges, check out: white collar crime sentences in Houston.

Classification and Penalties for Embezzlement in Houston

In Texas, the severity of a charge is dictated by the total value of the property or funds allegedly taken.

• State jail felony ($2,500 – $30,000): A conviction can result in a sentence of 180 days to two years in a state jail facility, along with a fine of up to $10,000.
• Third-degree felony ($30,000 – $150,000): A third-degree felony carries a potential prison term of two to ten years and a fine not to exceed $10,000.
• Second-degree felony ($150,000 – $300,000): Penalties include a prison sentence of anywhere from two to 20 years.
• First-degree felony (over $300,000): A first-degree felony conviction carries a sentence of 5 to 99 years, or life in prison.

If you are facing one of these charges, the long-term consequences can extend well beyond prison time and fines. Many people in this situation wonder, can I get a felony expunged in Texas? Several factors play a role, including the nature of the offense and the outcome of your case, which is why having an experienced attorney on your side is critical.

Statutory Enhancements and Aggravating Factors

The value of property is not the only factor that determines your punishment. Penalties can be enhanced to the next higher degree regardless of the amount stolen if certain conditions are met. For example, if the alleged victim is 65 or older or a non-profit organization, a state jail felony can be prosecuted as a third-degree felony.

Additionally, a conviction for embezzlement often carries collateral consequences. A theft-related conviction in Houston can also create serious professional licensing problems in fields such as law, medicine, nursing, or accounting.

Why Embezzlement Cases Are Often Gray Areas

Financial crimes are rarely as clear-cut as the prosecution claims. What looks like a crime on paper is often a result of:

• Shared access: In many offices, multiple people have the same login credentials or access to the same cash drawers. A shortage does not mean you are responsible.
• Verbal authorizations: It is common for supervisors to give verbal permission for a purchase or transfer without documenting it. If that supervisor leaves or later forgets, that authorized action can look like theft.
• Poor bookkeeping: Messy records are not a crime. If a company’s internal controls are weak, the prosecution may try to present a simple accounting error as evidence of criminal intent.

Defenses Against an Embezzlement Charge

The Law Office of David A. Breston digs into the details to challenge the state’s narrative. Strategic defenses include:

• Lack of criminal intent: To be convicted, the state must prove you intended to deprive the owner of property. If the discrepancy resulted from a mistake, software issue, or accounting problem, that may undermine the prosecution’s claim that you acted with criminal intent.
• Claim of right: If you genuinely believed you were entitled to the funds, we can argue a lack of unlawful appropriation.
• Duress: If you were coerced or threatened into participating in a scheme by a superior, this may serve as a valid legal defense. 

The Importance of Immediate Legal Intervention

Many embezzlement cases begin with an internal investigation or a suspicious audit. By the time you are formally questioned, investigators may have already spent months building a case.

Attempting to explain things to HR or auditors without a lawyer often does more harm than good. Our Houston embezzlement defense attorneys can step in early to preserve helpful records, protect you from self-incrimination, and potentially negotiate a resolution before formal charges are ever filed.

Contact a Houston Embezzlement Attorney Today

Embezzlement and employee theft often involve an abuse of trust – the embezzled money was entrusted to the person, who misappropriated it for personal use – as well as fraud, such as credit card fraud, check fraud, bank fraud, or accounting fraud. Penalties are usually proportional to the amount of money stolen, but embezzlement of any amount is serious: talk with a Houston fraud defense lawyer at The Law Office of David Breston who will take an aggressive stance to protect your rights and reputation.

To learn about your legal options and how to protect your rights if you have been accused of embezzlement or employee theft, contact the Law Office of David A. Breston today.