Crime is one of the most popular topics for television, movies and literature. One of the most common crimes that is depicted in crime shows or movies is embezzlement. Although it may be interesting for the silver screen, in reality, being accused of embezzlement is no small declaration. If you have been accused of embezzlement, then you could be facing serious trouble.

I, Zachary Holbrook, am a criminal defense attorney with experience defending individuals who have been accused of embezzling. Feel free to reach out with any questions. If you have been accused of embezzling, contact me in order to get the very best legal representation. To learn more about embezzlement, continue reading.

What is Embezzlement?

Embezzlement is the legal word for theft or withholding assets that were placed within a person’s control for safekeeping, usually by an employer. So essentially the defendant would be accused of stealing a company’s resources. This could be money or some other form of property. Embezzlement is considered a white collar crime and is a criminal offense, meaning that it is typically taken to court under state law. However, there are times when a case may be taken up to the federal government, namely when the crime has been committed against the federal government.

Is Embezzlement Considered a Misdemeanor or a Felony?

Embezzlement is typically classified as a misdemeanor. A misdemeanor is a less extreme criminal act that is punished less severely than a felony. The laws vary slightly depending on what state the crime was committed in as to what is considered a misdemeanor vs. a felony. In Utah, there are different classes of misdemeanors which have different consequences. The consequences could include fines, up to a year in county jail, or both.

A felony is a more serious offense than a misdemeanor. There are times when embezzlement can be charged as a felony. In Utah, if the assets stolen exceeded $1,500 then it would be considered a third degree felony and if the property value exceeded $5,000 then it would result in a second degree felony. If charged with a second degree felony in Utah, a person could be facing up to 15 years in prison and a fine up to $10,000.

What Affects the Severity of an Embezzlement Sentence?

The amount that is stolen can certainly aggravate the severity of a person’s embezzlement sentencing. The greater the amount of money and the longer that the individual was supposedly embezzling can have an impact on a sentence including the length of jail time and number of fines. However, there are other factors that could make an embezzlement sentence drastically more severe.

In Utah, if the embezzlement charge was levied against a person who committed the crime against protected individuals, the sentencing could be much more severe. The sentencing could be severe if the embezzlement was committed against an elderly person, a person with disabilities, or a dependent adult. Embezzlement against an elderly person is considered Senior Fraud. Senior Fraud comes with serious penalties, as it is also considered exploitation.

What To Do If Charged with Embezzlement

The first thing that an individual should do if they are charged with embezzlement is to talk to an attorney. Consulting an attorney can help you avoid any potential mistakes with submitting information and help you build a solid case. A qualified criminal defense attorney can guide you through the criminal justice system and help protect you and your rights as a United States citizen. Reach out to me, Zachary C. Holbrook, to get started building your case or to learn more about our firm’s services.

If you have been accused of committing a violent crime, you may wonder what that accusation means legally. In this article, you will learn what violent crimes are, 5 key things you need to know about violent crimes, and what you can do if you have been charged with a violent crime.

Violent Crimes Vs. White Collar Crimes

Like the name suggests, violent crimes often involve greater physical harm than white collar crimes. White collar crimes are different from violent crimes in that they are not physically hurting somebody and are done for financial gain. Violent crimes are felonies. A violent crime is exactly what it sounds like; essentially it is where a perpetrator intentionally uses violence or a threat of violence against a victim.

Defining Violent Crimes

There are typically four crimes defined as violent crimes:

Murder and homicide. Homicide is where a person kills another person. Murder is a form of homicide and is the action of a sane person killing another person unjustly and intentionally.
Rape, which is a form of sexual assault in which one party forces sexual intercourse without the consent of the other person.
Robbery, which unlike simple theft often involves harming another person and is violent, as mentioned in our article on white collar crimes.
Aggravated assault, which is where an individual attacks another person with a weapon or with the intention to cause severe bodily injury.

#1. Violent Crimes Have Declined Overall

According to a report conducted by the Pew Research Center, a key research Center in the United States, violent crimes have declined since the 1990s. The reasons that violent crimes have declined are complex but include aspects such as economic growth, an aging demographic, and the decrease in use of mind-altering substances like crack and alcohol.

#2 Homicides Have Increased

While violent crimes have decreased overall, homicides have increased since late last year. Researchers suggest that this rise is due to things like increased gun violence. This includes cities all across the United States from Baltimore, Oakland, Chicago, and Minneapolis.

So, while violent crimes have decreased overall, during the COVID-19 and post-pandemic time, there has been an uptick in certain types of crimes such as homicide.

If you’ve been accused of homicide, then I, Zachary C. Holbrook, can help you in many ways including helping you understand the route to take to defense, how different laws can impact your case, and how to protect yourself from a guilty verdict and harsher penalties. More information on the benefits of my law firm supporting you is shared later in this article.

#3 Violent Crimes Are Seen As More Serious Socially And Legally

When people discuss the difference between white collar and violent crimes (also called blue-collar crimes), violent crimes are typically spoken about with hushed tones because of their severity.

As an expert in the legal field, I have found that social views on crimes sometimes shape the law. So, when it comes to violent crimes vs. white collar crimes, white collar crimes do not usually involve direct physical harm so are typically viewed as less serious than violent crimes. But if you have lost wealth or other forms of valuable property to fraud, then you are aware that harm is more complex than purely physical pain and suffering.

At Zachary C. Holbrook, P.C., I keep an eye out for you on how social and legal views are shaping your case. I believe that understanding social and legal perspectives can greatly help your case.

#4. Violent Crimes Require a Strong Understanding of the Law

As with all legal issues, having an expert that understands the law is important for helping you and your family. That is because, as mentioned previously, violent crimes are often treated harsher legally than white collar crimes.

Without a strong understanding of the laws surrounding you and your case, if you are accused of violent crimes, then you are at risk of not understanding much of the legal jargon describing your case, having a guilty verdict suggested at your expense, and worse punishments being placed upon you without your knowledge or understanding.

#5. With The Right Support, You Can Avoid Many Issues.

Having a strong expert supporting you has many benefits. Some of those benefits include:

Save your time. By saving time, you can also save money since legal representation is often more costly the longer it is needed.
Learn how to navigate the legal system and the processes associated with it including what laws apply to you and what paperwork is required.
Protect yourself and your interests. This is very important since some legal experts will not consider you and all your needs.
Have a specialist in the areas that you need the most. Choosing the right representation that can help you with your specific case is important. I, Zachary Holbrook, am a criminal defense lawyer and have experience protecting individuals accused of violent crimes.

Get the Right Support with Zachary C. Holbrook, P.C.

Instead of having an expert that ignores you and your interests, at my law firm, I focus on what you need and how to help you achieve your goals. Whether it is protecting you from a guilty verdict or from harsher penalties, I analyze all angles ranging from the most basic legal terms that apply to your case, to the most complex legal and social biases that are shaping your case.

My firm will give you the help that you need. Let me be the help you or your loved one desperately needs. Contact me today with any questions or for a free case review.

https://ucr.fbi.gov/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/violent-crime -is for the four types of violent crimes

Have you been accused of extortion? If you have been accused of extortion and are needing representation or are curious as to what exactly extortion is, you have come to the right place. I, Zachary Holbrook, and my firm can prepare a vigorous defense against claims of extortion and other white collar crimes. Continue reading to learn more about extortion and how a case would be prepared against claims of extortion.

What Is Extortion?

Extortion includes using coercion, intimidation and threats to illegally acquire property from somebody else. Extortion used to be a crime reserved only for government officials, but these days individual citizens or businesses can be charged criminally for extortion. There are several types of threats that could be legally charged as extortion. Blackmail is a form of extortion. A threat to destroy property or to physically injure a person or their family would be an example. Another example of extortion would be to threaten to expose a secret that would harm a person’s life. Extortion could include threatening to do any harm to somebody in order to get them to do something for you.

Parts Of Extortion

In order for a claim to be legally considered extortion, there are certain requirements that must be fulfilled. As mentioned in the previous paragraph, there must be some sort of threat made. The threat could be made verbally or written out; it must be made through some form of communication.

The second component to extortion is intent. The person who made the threat must be intending to follow through with the threat that they made. However, even if the defendant did not intend to follow through with a threat, if the circumstances and evidence around the case points to the defendant using extortion, they can still be charged. My goal as your attorney would be to prove that there was not a criminal statement made or that there was no intent involved with the statement.

Another part of extortion is that the accused must have been trying to obtain property. The property could include a business license, money, physical assets, or some form of agreement. There are also cases of sexual extortion. The “property” that the accused was supposedly trying to obtain simply must be something that has value. Also, the accused does not have to have obtained the property for the crime to be considered extortion. There may be other crimes charged if the property was taken.

Lastly, a threat must be able to cause trepidation to the victim in order for it to be considered extortion. This could include fear for one’s life, property, social standing, family’s safety, business’s well-being, or some other fear. The victim did not necessarily have to experience fear in order for the crime to be considered extortion, the prosecutor will only need to prove that the accused intended to inspire fear in order to obtain property.

Retribution For Extortion

Extortion is considered to be a felony in the United States. A felony is an extremely serious crime and is sentenced as such. There are large penalties of extortion including fines, probation and incarceration. Fines are different for each case but can be upwards of $10,000 with restitution that must be paid especially if the victim’s property was taken. Extortion prison sentences can also be very serious. Probation can also be a punishment of extortion, specifically when the property of the plaintiff was not taken or if the extortion was attempted and failed.

Have You Been Charged With Extortion?

If you have recently been charged with extortion and are in need of help building a defense, I, Zachary Holbrook, am here for you. I am an experienced criminal defense attorney out of Ogden, Utah and want to help you clear your name. Contact me today for further questions or for a consultation.

What is Embezzlement?

What is Embezzlement?

Is Embezzlement Considered a Misdemeanor or a Felony?

What Affects the Severity of an Embezzlement Sentence?

What To Do If Charged with Embezzlement

Violent Crimes Vs. White Collar Crimes

Defining Violent Crimes

What Is Extortion?

Parts Of Extortion

Retribution For Extortion

Have You Been Charged With Extortion?

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Zachary C. Holbrook, P.C.