What Are the Laws and Penalties for Embezzlement in Ohio?

Embezzlement is one of the most commonly prosecuted white-collar crimes in America’s state and federal courts.

However, the laws surrounding embezzlement are complex, and those who face these serious charges often lack a full understanding of how they allegedly broke the law.

At Gounaris Abboud, LPA, our dedicated team of white-collar criminal defense attorneys has a long history of successfully defending clients facing embezzlement charges in Ohio.

Contact us online or call (937) 222-1515 today to get started with a free consultation.

What Is Embezzlement?

Many who face embezzlement charges wonder, What is embezzlement? Essentially, embezzlement is a property crime involving a breach of trust.

It happens when a person has lawful control over someone else’s assets, but they don’t own those assets.

If they convert those assets over to themselves for their own enrichment, they have likely embezzled the assets. A common example would be employee theft.

Under Ohio embezzlement laws, someone commits this offense if they have possession or control over someone else’s property or money, and they use it for their own enrichment in any of the following ways:

• Without the consent of the property’s owner
• Beyond the scope under which they are authorized to act
• By deception
• By threat
• By intimidation

Embezzlement is a type of theft crime. Thus, the punishment for embezzlement depends, in part, on the value of the property at issue.

Is Embezzlement a Felony?

Depending on the circumstances, embezzlement is either a misdemeanor or felony offense.

Under Ohio Revised Code § 2913.02, if the amount embezzled is less than $1,000, the offense is a first-degree misdemeanor.

However, the seriousness of an embezzlement offense increases along with the value of the alleged property:

• $1,000 to $7,499 — Fifth-degree felony
• $7,500 to $149,999 — Fourth-degree felony
• $150,000 to $749,999 — Third-degree felony
• $750,000 to $1,499,999 — Second-degree felony
• More than $1.5 million — First-degree felony

Protected Class

In addition, an embezzlement offense committed against a protected class of people becomes a more serious crime.

Under Ohio embezzlement laws, the following are protected classes:

• Elderly people
• Disabled adults
• Active-duty service members and their spouses

An embezzlement offense against a protected class is at least a felony of the fifth degree:

• $1,000 to $7,499 — Fourth-degree felony
• $7,500 to $37,499 — Third-degree felony
• $37,500 to $149,999 — Second-degree felony
• More than $150,000 — First-degree felony

Other Factors in Seriousness Level

There are also other situations in which embezzlement penalties become more serious.

For example:

• Embezzlement of a firearm is considered a felony of the third degree;
• Embezzlement of a motor vehicle is a felony of the fourth degree;
• Embezzlement of a dangerous drug is a felony of the fourth degree unless you have a prior conviction for a drug offense, in which case it is a felony of the third degree;
• Embezzlement of a police dog or horse is a felony of the third degree.

The seriousness levels for embezzlement can be confusing. So it is best to consult with an experienced Ohio criminal defense attorney to better understand the allegations against you and the possible punishments you face.

Punishments for Embezzlement

Ohio law provides for ranges of punishment based on the seriousness of the offense.

Below is a list of the various penalties an embezzlement conviction may carry:

• First-degree felony: 3 to 11 years in prison, plus a fine of up to $20,000;
• Second-degree felony: 2 to 8 years in prison, plus a fine of up to $15,000;
• Third-degree felony: 9 to 36 months in prison, plus a fine of up to $10,000;
• Fourth-degree felony: 6 to 18 months in prison, plus a fine of up to $5,000; and
• Fifth-degree felony: 6 to 12 months in prison, plus a fine of up to $2,500.

In most cases, a judge has the discretion to sentence a defendant to probation; however, this is not a guarantee.

Typically, judges are more likely to consider probation in lieu of incarceration for those who express remorse for their actions, have a verifiable employment history, and are able to present other mitigating evidence showing that incarceration is not appropriate.