One altered ledger entry. One redirected payment. One “temporary” transfer. Embezzlement often starts with a small breach of trust that triggers large criminal exposure. Texas does not use the word “embezzlement” as a standalone offense in most cases. The conduct is typically charged as theft under the Texas Penal Code, sometimes paired with fraud related crimes depending on the facts.
How Texas law frames embezzlement
In Texas, misappropriating employer or client funds is most often prosecuted as theft. The core allegation is unlawful appropriation of property with intent to deprive the owner of that property. “Appropriation” can include acquiring, exercising control over, or transferring property. A position of trust can influence charging decisions, bond conditions, sentencing recommendations and even demands for restitution.
What prosecutors typically must prove
When building their case, the State generally focuses on intent, control and ownership. They will need various evidence to support their claim, such as copies of access logs, accounting records, bank statements and email instructions.
Before a case can succeed, prosecutors typically aim to establish the following elements:
- Property belonged to an employer or client
- The accused transferred or otherwise took the property
- The accused acted with intent to deprive the owner
It is important to note that these charges often do not stand alone. The state may look to add additional allegations of wrongdoing, such as money laundering or wire fraud. It is important to prepare a defense strategy to take these other allegations into account as well.
Possible penalties
Theft penalties in Texas depend heavily on the value of the funds or property involved and on specific aggravating factors. Higher values increase the possibility that the charges will shift from a misdemeanor to felony, further increasing the possible penalties. Common penalties for these types of cases often include fines, imprisonment, restitution and repayment.
Criminal penalties are only the beginning. Additional penalties may apply through civil enforcement and professionals can face issues with licensure boards.
Do not underestimate the consequences of allegations of “embezzlement” or theft in Texas.
Take the matter seriously. Early legal review is important to begin tailoring a defense strategy to the specifics of the case.