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White Collar Crime

Embezzlement Charges in Phoenix

Being accused of embezzlement is more than a legal problem — it’s a threat to your reputation, career, and future. In Arizona, embezzlement is typically charged when someone misappropriates money or property that was entrusted to them, often in a position of trust such as a company employee, bookkeeper, financial advisor, or nonprofit manager. At Feldman & Royle, our Phoenix Embezzlement Defense Lawyers understand the gravity of these allegations and the complexity involved in investigating financial crimes. Our lawyers in Phoenix have extensive experience defending individuals charged with white-collar offenses throughout the Phoenix area and is prepared to protect your rights at every stage.
Understand 

The Law: Understanding Embezzlement in Arizona

Although Arizona does not have a statute specifically labeled “embezzlement,” these cases are prosecuted under ARS §13-1802, the state’s general theft statute. Embezzlement is defined as the unauthorized use, transfer, or conversion of funds or property by someone who had legal access—but not ownership—of those assets.

Common examples of embezzlement include:

  • An employee skimming cash from a register
  • A payroll manager issuing unauthorized payments
  • A business partner using company funds for personal expenses
  • A trustee diverting funds from a trust

To secure a conviction, the prosecution must prove:

  1. The defendant was entrusted with the property or funds
  2. The property was used or transferred without authorization
  3. The act was intentional and for personal gain

Penalties for Embezzlement in Arizona

Embezzlement penalties in Arizona are tied directly to the value of the property or money stolen, and can range from a misdemeanor to a serious felony. In many cases, a single act of embezzlement can involve multiple counts or aggravating circumstances, leading to enhanced sentencing.

Value of Property Classification Potential Prison Time
Under $1,000 Class 1 Misdemeanor Up to 6 months jail
$1,000 – $2,000 Class 6 Felony 6 months – 1.5 years
$2,000 – $3,000 Class 5 Felony 9 months – 2 years
$3,000 – $4,000 Class 4 Felony 1.5 – 3 years
$4,000 – $25,000 Class 3 Felony 2.5 – 8.75 years
$25,000+ Class 2 Felony 4 – 12.5 years

Additional consequences include:

  • Mandatory restitution to the victim
  • Civil liability and lawsuits
  • Loss of professional licenses or certifications
  • Permanent criminal record
  • Immigration consequences for non-citizens

If the embezzlement was committed as part of an ongoing scheme or enterprise, it may also fall under fraudulent schemes and artifices (ARS §13-2310), which can significantly increase the penalties.

Know Your Rights

Best Defenses Against Embezzlement Charges

The defense strategy for an embezzlement case depends heavily on the facts, financial records, and whether law enforcement followed proper procedures during the investigation. At Feldman & Royle, we build a tailored defense based on legal and factual weaknesses in the prosecution’s case.

Possible defenses include:

  • Lack of intent: There was no deliberate plan to misappropriate funds — possibly a bookkeeping error or misunderstanding.
  • Owner’s consent: The funds or property were used with the knowledge and approval of the rightful owner.
  • Mistaken identity: Someone else may have committed the act using your credentials or position.
  • Insufficient evidence: The prosecution lacks the necessary documentation or witnesses to prove theft beyond a reasonable doubt.
  • Entrapment or coercion: You were pressured or manipulated into the behavior by someone else.

Our team also collaborates with forensic accountants, financial experts, and investigators to analyze the prosecution’s claims and build a strong counter-narrative.

Proven. Excellent. Justice

We can help with a clearly defined defense strategy. Consult For FREE.
Defenses

Phoenix Embezzlement Defense Lawyers – Feldman & Royle

Feldman & Royle is a top-rated criminal defense law firm based in Phoenix, known for handling complex and high-stakes white-collar cases. We take a proactive and aggressive approach, aiming to resolve your case through dismissal, reduction of charges, or a favorable plea agreement whenever possible. If the trial is necessary, we are fully prepared to present a compelling defense in court.

Why choose Feldman & Royle?

  • Former prosecutors who know how the state builds its case
  • Strategic pretrial negotiations and trial readiness
  • Thorough review of financial records and evidence
  • Personal, confidential attention to every case

Your career, your finances, and your freedom are on the line — you need a defense team that will fight back with skill and experience.

Our Past Results
Adam Feldman and Bret Royle, Criminal Defense Attorneys in Phoenix
FAQs

Frequently Asked Questions (FAQs)

No, if the value is under $1,000, it may be charged as a misdemeanor. However, most cases involve larger amounts and result in felony charges.

Yes. Even if the misappropriated funds weren’t used personally, redirecting or mishandling entrusted property may still qualify as embezzlement.

Paying restitution may help mitigate the penalties or support a plea deal, but it does not automatically eliminate criminal charges.

Yes. A conviction can result in immediate termination and trigger license revocation for professionals such as accountants, realtors, and healthcare providers.

Do not speak to your employer, investigators, or police without a lawyer present. Early legal intervention can prevent formal charges or reduce their severity.
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