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Roger G. Jain & Associates, P.C.
Call For A Free Consultation 713-981-0600

Houston Embezzlement and Theft Defense Lawyers

If you’ve been accused of embezzlement or theft, you’re probably scared and confused about what happens next. These charges carry real consequences, such as jail time, fines, and a criminal record that follows you for years. Whether you’re an employee accused of taking money from your employer or a business owner dealing with suspected theft, these cases move quickly. The prosecution doesn’t even need to prove you planned to keep the money forever, just that you took something without permission.

Time is critical right now. Prosecutors and investigators are already building their case using financial records, surveillance footage, and witness statements.

At Roger G. Jain & Associates, PC, our Houston embezzlement and theft defense attorneys know the very real and long-term consequences you’re facing. We know what’s at stake, and we work quickly and aggressively to protect you and your future. Learn more about our firm by calling us at 713-981-0600.

Our office is located at 9301 Southwest Freeway, Suite 250, Houston, TX 77074. We’re on Highway 59 near several METRO bus routes that serve the Southwest Freeway corridor, and just minutes from Chinatown, Bellaire, and the surrounding communities. No matter where in Harris County you’re located, we’re ready to go to work for you.

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Their free consultation was priceless. Their attorneys gave me peace of mind and valuable help during a volatile custody battle. They are highly responsive and trustworthy. They will become your first call. Highly recommend.”

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What Is Embezzlement?

Embezzlement is theft by someone who was trusted with access to money or property. A cashier who pockets money from the register, a bookkeeper who writes unauthorized checks, or an office manager who uses the company credit card for personal expenses are all examples of embezzlement. The person didn’t break in or use force. They already had permission to handle the money because of their job.

What makes embezzlement different from other theft is the violation of trust. Your employer gave you access to funds or property, and you took advantage of that position. This breach of confidence is why prosecutors and judges often treat embezzlement more seriously than shoplifting or other property crimes.

Employee embezzlement cases often involve:

  • Altering financial records or creating fake invoices
  • Stealing cash from registers or deposits
  • Using company credit cards for personal expenses
  • Payroll fraud or creating ghost employees
  • Taking inventory or equipment for personal use

What you need to understand is that the amount you’re charged with taking matters significantly. Taking $500 is treated very differently from taking $50,000. Prosecutors classify these crimes based on the value of what was taken, which directly affects whether you face misdemeanor or felony charges.

Theft vs. Embezzlement: Understanding the Difference

Theft is the broader term for taking someone else’s property without permission. Embezzlement is a specific type of theft that involves a breach of trust. Both are crimes, but embezzlement typically carries additional weight because you violated a relationship where someone relied on you.

Standard theft might involve shoplifting, stealing a wallet, or taking property you never had permission to access. Embezzlement requires that you had lawful possession initially. For example, if your employer gave you access to the cash register, the company credit card, or the accounting system. You weren’t breaking in; you were already inside.

Courts and prosecutors take embezzlement seriously because it undermines business relationships and often involves planning rather than impulse. These cases frequently include paper trails, making them easier to prosecute than other theft crimes.

Penalties for Embezzlement and Theft

Texas classifies theft offenses based on the value of property taken, with penalties ranging from minor fines to decades in prison. Under Texas Penal Code Section 31.03, the consequences increase substantially as the dollar amount rises.

Property Value Amounts & Penalties

Misdemeanor Charges

  • Under $100: you face a Class C misdemeanor with a fine up to $500.
  • $100 to $750: is a Class B misdemeanor, carrying up to 180 days in jail and a $2,000 fine.
  • $750 to $2,500: it becomes a Class A misdemeanor with up to one year in jail and a $4,000 fine.

Felony Charges

  • $2,500 and $30,000: is a state jail felony, punishable by 180 days to two years in state jail and a fine up to $10,000.
  • $30,000 and $150,000: you face a third-degree felony with two to ten years in prison and up to a $10,000 fine.
  • $150,000 to $300,000: brings a second-degree felony charge with two to 20 years in prison.
  • Greater than $300,000: you’re facing a first-degree felony with five to 99 years in prison and a fine of up to $10,000.

Beyond jail time, a conviction creates long-term problems. You’ll have a criminal record that shows up on background checks, making it harder to find employment, especially in positions that handle money. Professional licenses can be suspended or revoked. If you’re not a U.S. citizen, theft convictions can lead to deportation.

Restitution is nearly guaranteed. The court will order you to pay back what you took, plus interest and sometimes additional damages. This obligation doesn’t go away, even if you file for bankruptcy.

Common Defenses in Houston Embezzlement Cases

Being charged doesn’t mean you’ll be convicted. Prosecutors must prove every element of the crime beyond a reasonable doubt. Experienced Houston criminal defense attorneys know how to challenge the evidence and create reasonable doubt.

Effective defenses often include:

  • Lack of intent: You made an accounting error or genuinely believed you had permission to use the funds.
  • False accusations: Someone else committed the theft and you’re being blamed, often in workplace disputes or during messy business breakups.
  • Insufficient evidence: The prosecution’s financial records are incomplete, witnesses are unreliable, or the paper trail doesn’t clearly show wrongdoing.
  • Authorization: You had actual permission to use the money or property, even if there’s now a dispute about the terms.

Many embezzlement cases involve complex financial records that can be interpreted differently. A strong defense team will hire forensic accountants to review the evidence and identify weaknesses in the prosecution’s case.

What to Do If You’re Under Investigation

If your employer has accused you of theft or you know an investigation is underway, don’t wait to get legal help. Many people make their situation worse by trying to explain themselves to investigators or their employer without an attorney present.

Do not give statements to police, investigators, or your employer without a lawyer. Anything you say can and will be used against you, even if you think you’re clearing things up. Innocent explanations often get twisted into admissions of guilt.

Preserve all documentation related to your job duties, financial transactions, and communications with your employer. Text messages, emails, and company policies can all become important evidence. Don’t delete anything, even if it seems unrelated.

Avoid discussing the case on social media or with coworkers. Posts and conversations can be subpoenaed and used as evidence. The prosecution will look for any statement that suggests guilt or contradicts your defense.

Get the Defense You Deserve from Our Embezzlement Defense Law Firm in Texas

Embezzlement and theft charges won’t go away on their own. The sooner you have an attorney working on your case, the more options you’ll have. We’ve successfully defended clients against these charges for years, and we know how to protect your rights and your future.

Contact us today for a confidential consultation. We’ll review your case, explain your options, and start building your defense immediately. Don’t face these charges alone. Call 713-981-0600 or fill out our confidential contact form to schedule a risk-free, no-obligation consultation.