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The Consequences of Theft and Embezzlement Charges in Corporate Settings

Roth Legal May 13, 2025

Man in suit holding dollar bundle in handAllegations of theft or embezzlement in a corporate environment carry consequences in Modesto, California. Unlike isolated petty theft, crimes committed in the workplace—especially by employees or executives in positions of trust—are often prosecuted more aggressively. 

That’s why Roth Legal, A Professional Law Corporation is there to offer a helping hand with criminal defense. For professionals who find themselves facing these allegations, the situation can be devastating. Charges not only risk jail time and financial penalties but also threaten one’s career, relationships, and ability to participate in future business ventures. 

If you or someone you know has been accused of corporate theft or embezzlement, understanding the legal implications and possible consequences is essential. It’s also critical to seek support from a law firm that focuses on criminal defense to respond strategically and minimize long-term impact. 

Roth Legal has guided many professionals through the criminal justice system with clarity and confidence. These professionals will take a close look at what theft and embezzlement mean in corporate contexts and how criminal defense strategies can make a difference.

Defining Theft and Embezzlement in the Corporate Setting

In a corporate environment, theft generally refers to the unauthorized taking of company property, assets, or funds with the intent to permanently deprive the business of its use. This can include physical assets, like laptops or inventory, or intangible ones, like confidential data or trade secrets.

Embezzlement, by contrast, involves the misappropriation of funds or assets by someone who was given lawful access to them. It often occurs in situations where an employee manipulates financial records, diverts company funds, or improperly uses business resources for personal gain. Some common examples include the following.

  • An accounting manager falsifying records to cover up withdrawals from company accounts.

  • An executive using a corporate credit card for personal expenses.

  • A payroll administrator issuing unauthorized checks to themselves or associates.

Both offenses represent serious breaches of trust and can result in criminal charges that demand a strong criminal defense strategy.

Legal Consequences of Theft and Embezzlement

The legal consequences of theft and embezzlement charges vary based on several factors. These factors can include the value of the stolen assets or funds, the duration of the fraudulent activity, whether the accused has any prior criminal history, or the position of trust or authority held by the accused within the company. Here are some common consequences to consider.

  • Felony vs. misdemeanor:  In many states, the classification of the offense—whether it’s charged as a misdemeanor or felony—depends on the dollar amount involved. Charges involving larger sums (often over $1,000 or $2,500) tend to be felonies, which can result in years of prison time if convicted.

  • Restitution and fines:  Courts may require the defendant to repay the misappropriated funds through restitution, in addition to other penalties. Monetary fines imposed by the court can also be substantial, especially for white-collar crimes that cause significant financial harm.

  • Incarceration:  Even first-time offenders can face jail or prison time if the circumstances are serious enough. Sentences can range from months to several years, depending on the extent of the fraud and the jurisdiction.

  • Criminal record:  A conviction for theft or embezzlement becomes part of the individual’s permanent criminal record. This can hinder employment, housing, licensing, and other opportunities for years to come.

Having a seasoned criminal defense professional on your side can make the difference between a conviction and a dismissed or reduced charge. Prompt legal representation often leads to better outcomes, especially when negotiating with prosecutors or preparing a strong case for trial.

Professional and Personal Consequences

The professional and personal fallout from theft or embezzlement charges can be severe and long-lasting, even before a conviction occurs. Beyond the legal penalties, theft and embezzlement charges often create lasting damage in other areas of life.

Loss of Employment and Reputation

Even before a conviction, simply being accused of theft or embezzlement can lead to immediate job termination and public embarrassment. In some cases, the news spreads within professional networks or even makes headlines, especially when a high-level employee is involved.

Loss of Professional Licenses

For individuals in regulated professions, such as accounting, law, finance, or healthcare, a criminal charge or conviction can result in license suspension or permanent revocation. Boards that oversee professional conduct typically view crimes involving dishonesty or breach of trust with severity.

Civil Lawsuits

In addition to criminal charges, companies may pursue civil action against the accused. This may include lawsuits for breach of fiduciary duty, fraud, or unjust enrichment. Civil penalties can add another layer of financial strain, particularly when paired with criminal restitution orders.

Impact on Immigration Status

For non-U.S. citizens, theft or embezzlement convictions may lead to deportation proceedings or a denial of future visa or citizenship applications. Immigration authorities treat crimes involving moral turpitude seriously, making criminal defense even more critical in these cases.

In all of these cases, seeking an experienced criminal defense attorney early is critical to protect both your career and your future with a solid defense strategy.

Building a Criminal Defense Against Theft or Embezzlement Charges

Successfully defending against corporate theft or embezzlement charges involves more than denying guilt. The facts of the case must be thoroughly analyzed, and every possible legal angle must be explored. Depending on the circumstances, a criminal defense lawyer might pursue one or more of the following strategies.

  • Lack of intent:  Prosecutors must show that the accused knowingly and willfully took or misused property. If the alleged actions were accidental or due to miscommunication, this can be a powerful defense.

  • False accusation or misidentification:  Sometimes, internal audits or investigations mistakenly point to the wrong individual. In larger organizations, it's not uncommon for errors or misconduct to be wrongly attributed to someone with access to financial systems.

  • Insufficient evidence:  A strong criminal defense often involves challenging the quality and legality of the evidence. If key records or witness statements are unreliable or improperly obtained, charges may be reduced or dismissed.

  • Consent or authorization:  If the accused had permission to take specific actions, the charges may not hold. For example, using a company credit card for travel might seem unauthorized unless internal policy allowed it.

Each case is unique, and a tailored approach is essential. Roth Legal recognizes the importance of a detailed, proactive defense. Having experience in criminal defense allows the firm to carefully review financial records, interview witnesses, and construct a narrative that defends client’s rights and future.

Early Legal Support Is Critical

If you suspect that you may be under investigation for corporate theft or embezzlement—or if charges have already been filed—time is of the essence. Speaking with a criminal defense attorney early allows you to protect your rights before prosecutors build their case. In addition, early legal support may open the door for alternative resolutions such as the following.

  • Deferred prosecution agreements

  • Diversion programs

  • Negotiated settlements with restitution in place of jail time

By intervening at the investigation stage, your attorney may be able to prevent the case from escalating to formal charges, particularly if the matter stems from a misunderstanding or lacks strong supporting evidence.

Contact Attorney Ryan Roth for Invaluable Legal Support

Theft and embezzlement charges in corporate settings are far more than internal HR matters—they’re serious legal issues that carry both immediate and long-term consequences. Roth Legal understands the stress of being accused of financial wrongdoing, and serve clients in Stockton, Manteca, Merced, and throughout California. If you're facing these charges, don’t wait to find out what options are available. Contact Roth Legal, A Professional Law Corporation today to schedule a confidential consultation.