An embezzlement accusation in Denton County can turn your career, finances, and reputation upside down overnight. What many people don’t realize is that these cases are charged as theft by employee—serious felony allegations that carry the risk of years in prison and staggering fines. While the State must prove you unlawfully took property from your employer, navigating that process without a strong defense can be overwhelming.
Varghese Summersett brings more than 100 years of combined criminal defense experience to Denton County embezzlement cases. Our team of legal professionals includes five Board Certified attorneys, representing the highest level of specialization in Texas. Our firm has handled thousands of criminal cases, securing over 1,600 dismissals and 800 charge reductions across Texas.
We maintain offices in Fort Worth, Dallas, Southlake, and Houston, with attorneys licensed to practice throughout Texas. Our criminal defense attorneys understand that embezzlement allegations often arise from accounting errors, civil disputes, or misunderstandings about authority to use company funds.
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What Is Embezzlement Under Texas Law?
Texas law doesn’t use the term “embezzlement.” Instead, it prosecutes these cases as theft by an employee or public servant under Texas Penal Code § 31.03.
Embezzlement occurs when a person who lawfully possesses property belonging to another person unlawfully appropriates that property with intent to deprive the owner of it. The key distinction from other theft offenses is that you had legal access to the property through your employment or position of trust.
What the Prosecution Must Prove
To convict you of embezzlement in Denton County, prosecutors must prove each of these elements beyond a reasonable doubt:
- You were an employee or had lawful possession of property belonging to another person
- You unlawfully appropriated the property
- You did so with intent to deprive the owner of the property
- The value of the property falls within a specific range
The State bears the entire burden of proof. You have no obligation to prove your innocence or explain what happened to the money or property.
How Embezzlement Accusations Arise
Embezzlement charges in Denton County typically emerge from one of several scenarios. An employer notices discrepancies during a routine audit and reports suspected employee theft. A business partner discovers unexplained withdrawals or transfers during a company sale or dissolution. Former employees report suspicious activity after leaving the organization. Or a civil dispute over commissions, bonuses, or expense reimbursements escalates into criminal allegations.
Many embezzlement cases begin as civil matters but become criminal investigations when law enforcement gets involved. The distinction between authorized use of company funds and theft often depends on conflicting accounts of what authority you had and what practices were customary at the workplace.
Penalties for Embezzlement in Denton County
The punishment for embezzlement depends entirely on the value of the property allegedly taken:
| Value of Property | Offense Level | Punishment Range |
|---|---|---|
| Less than $100 | Class C Misdemeanor | Fine up to $500 |
| $100 to $750 | Class B Misdemeanor | Up to 180 days in jail, fine up to $2,000 |
| $750 to $2,500 | Class A Misdemeanor | Up to 1 year in jail, fine up to $4,000 |
| $2,500 to $30,000 | State Jail Felony | 180 days to 2 years in state jail, fine up to $10,000 |
| $30,000 to $150,000 | Third-Degree Felony | 2 to 10 years in prison, fine up to $10,000 |
| $150,000 to $300,000 | Second-Degree Felony | 2 to 20 years in prison, fine up to $10,000 |
| $300,000 or more | First-Degree Felony | 5 to 99 years or life in prison, fine up to $10,000 |
Previous theft convictions can enhance the offense level. A conviction carries consequences beyond jail time, including difficulty finding employment, loss of professional licenses, damage to your reputation, and potential civil lawsuits for restitution.
Bond Amounts for Embezzlement in Denton County
Based on an analysis Varghese Summersett completed of over 5,745 bonds set in Denton County, bond amounts for fraud and financial crimes vary widely based on the alleged value and circumstances:
| Offense Type | Average Bond | Typical Bond |
|---|---|---|
| Credit Card/Debit Card Abuse | $5,421 | $5,000 |
| Fraud Use/Possess Identifying Info (Less than 5 items) | $10,730 | $5,000 |
| Forgery Financial Instrument | $5,782 | $1,500 |
| Tamper with Government Record to Defraud/Harm | $7,549 | $10,000 |
Bond is not bail. Your bond amount determines what you or a bail bondsman must pay to secure your release from jail while your case is pending. A bondsman typically charges a non-refundable fee of 10% of the bond amount.
If you’ve been arrested for embezzlement in Denton County, contact our office immediately at (940) 252-2220. We can work to secure your release and begin building your defense.
Common Defenses to Embezzlement Charges
Embezzlement cases often hinge on questions of authorization and intent rather than whether money or property was taken. Effective defenses attack each element the State must prove.
Lack of Intent to Deprive
The prosecution must prove you intended to permanently deprive the owner of the property. If you took property intending to return it, or if you believed you had permission, you lacked the required criminal intent. Many embezzlement allegations involve gray areas where employees made business decisions they believed were authorized.
Authorization or Permission
If you had actual authority to use the funds or property, no theft occurred. This defense often succeeds when informal workplace practices conflict with written policies, when you have implied authority based on your position, or when the owner previously approved similar uses.
Good Faith Belief of Ownership
If you genuinely believed the property belonged to you, you lacked criminal intent. This defense applies to disputes over compensation, expense reimbursements, commissions, or ownership interests in business property.
Insufficient Evidence of Value
The State must prove the value of property taken to establish the offense level. Challenging valuation evidence can reduce the charge from a felony to a misdemeanor, dramatically lowering potential punishment.
False Accusation
Embezzlement charges sometimes arise from business disputes, divorce proceedings, or attempts to avoid civil liability. If you can show a motive for false accusation or inconsistencies in the allegations, you may establish reasonable doubt.
Accounting Errors
What appears to be theft may actually be bookkeeping mistakes, unauthorized transactions by others, or missing documentation. Forensic accounting can sometimes identify legitimate explanations for discrepancies.
The Legal Process in Denton County Embezzlement Cases
Embezzlement cases in Denton County typically follow this timeline. The investigation often begins before you know charges are coming. Your employer may conduct an internal audit, review security footage, or examine financial records. Law enforcement usually gets involved when the employer files a report.
If investigators believe they have sufficient evidence, they may seek an arrest warrant or present the case to a grand jury for indictment. You may first learn of the investigation when officers arrive to arrest you, or you may receive notice that charges have been filed.
After arrest, you appear before a magistrate for an initial hearing where the judge sets bond conditions. This usually happens within 48 hours of arrest. The judge may impose restrictions on your employment, require you to surrender your passport, or prohibit contact with the alleged victim.
Your attorney will then obtain discovery from the prosecutor, including police reports, financial records, witness statements, and any forensic accounting analysis. This evidence forms the basis for identifying weaknesses in the State’s case.
Most embezzlement cases resolve through plea negotiations. Your attorney negotiates with prosecutors to reduce charges, minimize punishment, or secure dismissal. If the case proceeds to trial, you have the right to a jury trial where the State must prove every element beyond a reasonable doubt.
The entire process can take anywhere from several months to over a year, depending on case complexity and court dockets.
What to Expect From Varghese Summersett
When you hire Varghese Summersett to defend your Denton County embezzlement case, you work with a full team focused on your defense. We begin by conducting our own investigation into the allegations. This often includes interviewing witnesses, obtaining employment records, reviewing financial documentation, and consulting with forensic accountants when necessary. We look for evidence that supports your version of events and identify weaknesses in the prosecution’s case.
Throughout your case, we maintain regular communication with you. You receive updates on case developments, explanations of legal options, and honest assessments of risks and potential outcomes. We don’t make promises about results, but we do promise to fight for the best possible outcome in your situation.
Our approach emphasizes early intervention. In many embezzlement cases, we can negotiate with prosecutors before formal charges are filed or work to resolve the case as a civil matter rather than a criminal prosecution. When trial becomes necessary, we prepare thoroughly and advocate aggressively for our clients.
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Embezzlement Defense Videos
Watch our attorneys explain white collar crime defense and the legal process:
Video Transcript: What is a White Collar Crime?
White collar crimes typically involve financial fraud, embezzlement, or other non-violent offenses committed in business or professional settings. These cases often require detailed financial analysis and may involve federal or state prosecution. Our attorneys have extensive experience defending clients against white collar crime allegations, including embezzlement, fraud, money laundering, and related offenses.
Video Transcript: White Collar Crime Investigations
White collar crime investigations can begin months or even years before charges are filed. Understanding how investigators build these cases helps us identify opportunities to challenge evidence, negotiate early resolution, or prepare for trial. If you’re under investigation or have been contacted by law enforcement regarding financial matters at your workplace, contact us immediately. Early intervention can make a significant difference in the outcome of your case.
Frequently Asked Questions About Embezzlement in Denton County
Can my employer have me arrested for embezzlement even if they can’t prove I took anything?
Your employer can file a police report, but prosecutors must have sufficient evidence to pursue charges. Law enforcement investigates embezzlement allegations and presents evidence to prosecutors who decide whether to file charges. The State must prove beyond a reasonable doubt that you took property and intended to deprive your employer of it. If your employer cannot provide evidence supporting these elements, prosecutors may decline to file charges or a jury may acquit you at trial.
Will I go to jail for embezzlement in Denton County?
Jail time depends on the value of property allegedly taken and your criminal history. Misdemeanor embezzlement charges often resolve with probation, especially for first-time offenders. Felony charges carry higher stakes, but even felony cases can sometimes be resolved with deferred adjudication, where successful completion of probation results in no final conviction. An experienced attorney can negotiate for alternatives to incarceration and present evidence in mitigation at sentencing.
What if I was planning to pay the money back?
Intent to return property may negate the intent to permanently deprive the owner required for embezzlement. However, this defense requires credible evidence showing you intended to repay what you took. Simply claiming you planned to pay it back after getting caught is usually insufficient. If you can show you were treating the money as a loan, had a repayment plan, or took steps to return the property before discovery, this may support your defense.
Can embezzlement charges be dropped?
Charges can be dropped if prosecutors determine they cannot prove their case beyond a reasonable doubt, if the alleged victim refuses to cooperate, or if evidence emerges that undermines the allegations. Your attorney may be able to negotiate dismissal by presenting evidence challenging the State’s case, demonstrating that the matter is better suited for civil resolution, or showing that you did not have the required criminal intent. Some embezzlement cases are dismissed when forensic accounting reveals the allegations were based on accounting errors rather than theft.
What is the difference between embezzlement and theft?
Under Texas law, embezzlement is a form of theft. The key distinction is that embezzlement involves someone who had lawful possession of property through their employment or position of trust who then unlawfully appropriates that property. Regular theft involves taking property you never had lawful possession of. This distinction matters because it affects how the State proves its case and what defenses may be available. Embezzlement cases often turn on questions of authorization and intent rather than whether you took the property.
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Contact a Denton County Embezzlement Lawyer
If you’re under investigation or have been charged with embezzlement in Denton County, time matters. Evidence can be gathered, witnesses interviewed, and strategic decisions made that affect the outcome of your case. Our Denton County embezzlement lawyers are available to discuss your situation.
Call (940) 252-2220 or contact us online to schedule your free consultation. We’ll review the allegations against you, explain your legal options, and discuss how we can help protect your rights and your future.
