Embezzlement in Texas is charged as theft under Texas Penal Code § 31.03. The key difference from ordinary theft is that you had lawful access to the money or property — through your job, a fiduciary role, or a position of trust — and the prosecution claims you misappropriated it. A conviction can cost you your career, your freedom, and your reputation. If you are under investigation or have been charged, the time to act is now.
Why Varghese Summersett for Embezzlement Defense in Fort Bend County
Varghese Summersett is one of Texas’s most recognized criminal defense firms, with four offices, five Board Certified criminal attorneys, and over 100 years of combined legal experience. The firm has secured more than 1,600 dismissals and 800+ charge reductions across Texas.
Embezzlement cases are built on financial records, internal audits, and complex paper trails. They are investigated quietly, often for months, before an arrest is made. The attorneys at Varghese Summersett have handled serious financial crime cases at both the state and federal level and understand how these investigations unfold — and how to challenge them.
The firm’s Houston-area office serves clients throughout Fort Bend County, including Sugar Land, Missouri City, Richmond, Rosenberg, Katy, and Pearland. If you have been contacted by investigators, received a target letter, or have already been charged, reach out for a free consultation at (281) 805-2220.
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Common Questions About Embezzlement Charges in Fort Bend County
Is embezzlement a felony in Texas?
It depends on the amount alleged. Embezzlement charges in Texas are tiered by dollar value, just like other theft offenses. Small amounts can be misdemeanors, but most embezzlement cases — especially those involving employee theft from a business — involve amounts that trigger felony charges.
Can I be charged even if I intended to pay the money back?
Yes. Texas law does not require that you permanently deprive the owner of the property — only that you appropriated it without effective consent. The intent to return funds later is generally not a complete defense, though it can be relevant to mitigation.
What if my employer has not contacted law enforcement yet?
Many embezzlement investigations begin with an internal audit or civil demand before any police report is filed. If your employer is investigating you or has made any demand for repayment, treat the situation as if criminal charges are coming. Retaining a defense attorney at this stage can change the entire trajectory of the case.
Can embezzlement also become a federal charge?
Yes. If the alleged conduct involved a federally insured financial institution, federal programs, or crossed state lines, you could face federal charges in addition to or instead of state charges. The firm’s federal embezzlement defense team handles both state and federal matters.
What Is Embezzlement Under Texas Law?
Texas does not have a separate embezzlement statute. Prosecutors charge embezzlement under Texas Penal Code § 31.03, which defines theft as unlawfully appropriating property with intent to deprive the owner of it.
What sets embezzlement apart from other theft charges is the relationship between the accused and the property. In a typical embezzlement case, the defendant had lawful access to the funds or property — as an employee, accountant, trustee, bookkeeper, or officer — and is accused of diverting it for personal use.
What the State Must Prove
To convict you of embezzlement in Texas, the prosecution must prove each of the following elements beyond a reasonable doubt:
- You appropriated property (money, goods, or other assets of value)
- The property belonged to another person or entity
- You did so without the effective consent of the owner
- You intended to deprive the owner of the property
The burden of proof rests entirely on the State. You are presumed innocent. You are not required to prove anything, testify, or explain yourself at trial.
Penalties for Embezzlement in Texas
Because embezzlement is charged as theft under Texas Penal Code § 31.03, the punishment range rises with the dollar amount allegedly taken:
- Under $100: Class C misdemeanor — fine only, up to $500
- $100 to $749: Class B misdemeanor — up to 180 days in jail, up to $2,000 fine
- $750 to $2,499: Class A misdemeanor — up to 1 year in jail, up to $4,000 fine
- $2,500 to $29,999: State jail felony — 180 days to 2 years in state jail, up to $10,000 fine
- $30,000 to $149,999: Third-degree felony — 2 to 10 years in prison, up to $10,000 fine
- $150,000 to $299,999: Second-degree felony — 2 to 20 years in prison, up to $10,000 fine
- $300,000 or more: First-degree felony — 5 to 99 years in prison, up to $10,000 fine
Beyond prison time, a theft-based felony conviction carries collateral consequences that can last a lifetime — loss of professional licenses, termination of employment, damage to your credit, and in some cases, immigration consequences. Restitution to the alleged victim may also be ordered.
If the alleged victim was an elderly person (65 or older), prosecutors can seek an enhanced charge under Texas Penal Code § 31.03(f), which bumps the offense level up by one degree.
Bond Amounts for Embezzlement (Theft) in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,241 bonds in Fort Bend County, here is what defendants facing theft-based charges — including embezzlement — typically encounter:
| Charge Level (Amount Alleged) | Typical Bond Range | Most Common Bond |
|---|---|---|
| $100–$749 (Class B Misdemeanor) | $500–$5,000 | $500 |
| $750–$2,499 (Class A Misdemeanor) | $1,500–$10,000 | $2,000 |
| $2,500–$29,999 (State Jail Felony) | $5,000–$50,000 | $10,000 |
| $30,000–$149,999 (3rd Degree Felony) | $10,000–$100,000 | $10,000 |
| $150,000 or more (2nd/1st Degree Felony) | $20,000–$200,000+ | Varies significantly |
Bond amounts in white collar cases can be influenced by factors beyond the dollar amount, including the defendant’s criminal history, ties to the community, flight risk, and the complexity of the alleged scheme. A defense attorney can appear at your bond hearing and argue for a lower amount or for personal recognizance release.
Defenses to Embezzlement Charges in Texas
Every element of the offense is a potential target for your defense. Prosecutors must prove all of them beyond a reasonable doubt, and your attorney’s job is to expose every weakness in that case.
Lack of Intent
Embezzlement requires proof of intent to deprive. Accounting errors, misunderstandings of company policy, or good-faith reliance on authorization can all undermine the prosecution’s theory. If you had reason to believe you were authorized to use the funds, intent may be genuinely disputed.
Consent or Authorization
Theft requires that the appropriation occur without the effective consent of the owner. If you had actual or apparent authorization to access the funds — through company policy, a supervisor’s direction, or a course of dealing — consent may negate the charge entirely.
Insufficient or Unreliable Financial Evidence
Embezzlement prosecutions are built on financial records. Forensic accountants hired by the prosecution are not infallible. Account records can be incomplete, misattributed, or improperly analyzed. An independent forensic accounting review may reveal errors in the prosecution’s calculations.
Chain of Custody and Evidence Issues
If company computers, emails, or financial records were obtained without proper legal process, a motion to suppress may be available. Evidence that was improperly accessed or handled may be excluded from trial.
Mistaken Identity or Third-Party Conduct
In environments with multiple employees who have access to the same accounts, it is not always clear who was responsible for the discrepancy. The fact that you had access does not mean you were the one who acted.
Challenging the Dollar Amount
The amount alleged controls the charge level and punishment range. If the prosecution’s valuation methodology is flawed or overstated, successfully challenging the dollar figure can mean the difference between a felony and a misdemeanor.
The Legal Process for Embezzlement Cases in Fort Bend County
Understanding what to expect can reduce anxiety and help you make better decisions.
Investigation Phase
Most embezzlement cases begin long before an arrest. Employers often conduct internal audits, hire private forensic accountants, or refer the matter to law enforcement after a discrepancy is discovered. Investigators may interview coworkers, review surveillance footage, obtain bank records, and issue subpoenas — all before you are contacted. If you have any reason to believe you are under investigation, call a lawyer before speaking to anyone.
Arrest and Magistration
Embezzlement arrests in Fort Bend County can result from a warrant obtained after an investigation or, in some cases, from a grand jury indictment. After arrest, you will be taken before a magistrate for a bond setting. Felony cases are heard in Fort Bend County’s district courts in Richmond. Misdemeanor cases are handled in county courts at law.
Grand Jury (Felony Cases)
Felony charges must typically be indicted by a grand jury before they proceed to trial. This is an opportunity your attorney can use. In some cases, a defense attorney can present mitigating information to the grand jury to secure a no-bill — a finding that the evidence is insufficient to charge.
Pre-Trial Motions and Discovery
Your attorney will obtain all evidence the State has gathered, including financial records, forensic reports, and witness statements. Pre-trial motions may challenge the admissibility of evidence or seek to narrow the issues for trial.
Resolution
Many embezzlement cases resolve before trial through negotiated pleas, charge reductions, deferred adjudication, or pre-trial diversion programs. Whether to accept a plea or take a case to trial is a decision that should be made only after a thorough review of the evidence with your attorney. The firm handles both routes.
What to Expect From Varghese Summersett
Varghese Summersett is not a volume firm. When you hire the firm for an embezzlement case in Fort Bend County, you get a legal team that takes the time to understand your situation, review the financial evidence, and build a strategy tailored to the specific facts of your case.
The firm represents employees, executives, nonprofit officers, bookkeepers, business owners, and professionals from all industries. Embezzlement allegations often arise from messy business breakups, accounting disputes, and unclear authorization — not criminal intent. The attorneys here know how to tell that story.
The firm also handles cases that cross into federal white collar territory, including cases involving federal fraud charges and money laundering. If your case has any federal dimension, the firm’s experience in federal court is a significant asset.
From the moment you call, you will have access to an attorney who can advise you on what to say, what not to say, and what steps to take to protect yourself. That access doesn’t stop at 5 p.m. The firm offers 24/7 availability for consultations on serious criminal matters.
To speak with a Fort Bend County embezzlement defense attorney, call (281) 805-2220 or reach out through the firm’s website at any hour.
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Watch: What Is a White Collar Crime?
Embezzlement is a white collar crime. This video explains how these cases are built and what you are really up against.
Frequently Asked Questions: Embezzlement in Fort Bend County
Can embezzlement charges be dropped if the money is repaid?
Repayment can be a significant mitigating factor in negotiations, and in some cases it makes prosecution less likely or leads to a reduced charge. However, repaying the money does not make the criminal charge disappear. The State can still proceed regardless of what has been returned. That said, early repayment or restitution can meaningfully improve the outcome of your case.
Will I lose my professional license if convicted?
A theft conviction — including one for embezzlement — can trigger disciplinary action by professional licensing boards in Texas, including those governing CPAs, attorneys, real estate agents, nurses, and many others. Even deferred adjudication, in some cases, can be reportable. You should discuss this risk directly with your attorney before accepting any plea.
How long does an embezzlement investigation take in Fort Bend County?
Financial crime investigations are often slow-moving. It is not uncommon for a person to be investigated for six months to a year or more before charges are filed. During that time, detectives are building their case. If you know you are under investigation, do not wait for an arrest before retaining a lawyer.
What is the difference between state and federal embezzlement charges?
State charges under Texas Penal Code § 31.03 apply to most workplace theft scenarios. Federal charges arise when the conduct involves federally insured banks, government programs, or interstate wire transfers. Federal cases carry different sentencing guidelines, are prosecuted by U.S. attorneys, and typically involve more extensive investigations. The firm handles both.
What court handles felony embezzlement cases in Fort Bend County?
Felony embezzlement cases in Fort Bend County are prosecuted through the Fort Bend County District Courts, located at the Fort Bend County Justice Center in Richmond, Texas. The Fort Bend County District Attorney’s Office handles prosecution. Misdemeanor cases are assigned to the county courts at law.
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Speak With a Fort Bend Embezzlement Defense Lawyer Today
An embezzlement allegation can unravel everything you have built — professionally and personally. The attorneys at Varghese Summersett have the experience, the resources, and the track record to fight for you at every stage of the process. The firm’s Houston-area team serves Fort Bend County clients around the clock. To schedule a free consultation, call (281) 805-2220 now.