Is Embezzlement a Felony in Mississippi?

Embezzlement is a criminal offense in Mississippi but whether it is prosecuted as a felony or misdemeanor depends on the value of the property embezzled.

When the property embezzled is valued at over $1,000, felony charges can be filed, and the immediate and longer-term penalties become even harsher than with a misdemeanor.

Anyone charged with embezzlement in Mississippi should seek representation from an experienced criminal defense lawyer to protect your rights and mitigate the potentially severe consequences.

Embezzlement is a white-collar crime that involves someone fraudulently concealing, secreting, or converting to their own use any goods, rights of action, money, or other property that they were entrusted with due to their office, position, place, or employment.

Under Miss. Code § 97-23-19, embezzlement deals with property held in trust or received on contract. The offense is also dealt with at the federal level under 18 U.S. Code § 641.

The main difference between embezzlement and theft is that embezzled property is lawfully controlled by the accused until they misappropriate it. With theft, the offender does not lawfully own the property that he/she takes.

Embezzlement charges do not require a permanent misappropriation of property, so returning the property after temporarily misappropriating it will not necessarily prevent charges from being filed.

Embezzlement is only a felony charge when the value of the property embezzled is at least $1,000. This is a clear distinction of the Mississippi Code.

If the value of the property embezzled is under $1,000, the offense is a misdemeanor.

Felony embezzlement penalties in Mississippi increase as the value of the embezzled property increases:

• Property worth $1,000-$5,000: maximum sentence of five years in prison and $5,000 fine.
• Property worth $5,000-$25,000: maximum sentence of 10 years in prison and a $25,000 fine.
• Property worth over $25,000: maximum sentence of 20 years in prison and a $25,000 fine.

Imprisonment and hefty fines are the initial penalties paid for a felony conviction. Besides these penalties, there are wider-reaching consequences of a felony conviction appearing on your criminal record, which can lead to difficulties with job applications, education, immigration status, travel, and more.

Because embezzlement is considered a “crime of dishonesty” or “moral turpitude,” a conviction can also cause considerable reputational damage to an individual.

• A teller in a restaurant devises a way to pocket thousands of dollars over time from the register without creating discrepancies between the digital record and the cash drawer.
• A person working for a private institution is responsible for processing bank deposits for several companies, paying thousands of dollars into her personal account rather than the company’s account.
• A payroll manager adds the name of his child to the payroll and, over time, accumulates thousands of dollars in unearned wages that he can access.
• A purchasing manager for a chain of retail stores earns kickbacks from a vendor for repeatedly ordering their products while his employer pays an inflated price for the goods or services.

At the federal level, a felony embezzlement conviction is punishable by a fine of up to $10,000 and up to 10 years in prison. Federal charges generally involve embezzled property that the U.S. government owns or has an interest in.

Again, if the offense results in embezzled property worth less than $1,000, it will proceed as a misdemeanor charge (up to one-year imprisonment).

Because embezzlement is a crime of dishonesty, prosecutors will examine the criminal record of the defendant for other unfavorable information about prior convictions. This may make the consequences of a conviction even more severe.

One of the goals of a criminal defense attorney in felony embezzlement cases in Mississippi may be to reduce the charge to a misdemeanor. If the case cannot be dismissed and the evidence against the defendant is compelling, a reduction of the charge is often considered the best possible outcome for a defendant.

Even in cases that seem “open and shut,” however, the prosecution must prove the following beyond a reasonable doubt to achieve a conviction:

• A trust or fiduciary relationship existed between the accused and the rightful owner of the property
• The accused took possession or care of the property due to their employment
• The accused fraudulently converted or appropriated the property for personal use
• The defendant intended to deprive the rightful owner of the use of the property

In other words, the bar to achieve a conviction is set high. Sometimes, prosecutors are prepared to plea bargain in exchange for an admission of guilt.

Sometimes, too, if the value of the property is only just over $1,000, an attorney can present evidence of a market value below $1,000, which can lessen the charge to a misdemeanor.

Several valid defenses to embezzlement charges include:

• The defendant had permission to use the property as their own
• The defendant never controlled the property in question
• The rightful owner abandoned the property before it was appropriated
• No intent to deprive the rightful owner of the property
• Good-faith belief that the defendant was entitled to the property
• Duress caused the defendant to misappropriate the property
• Insufficient evidence against the defendant
• Breach of Constitutional rights by law enforcement when gathering evidence

If a criminal defense lawyer has compelling evidence to support any of the above defenses, the case may go to trial—and if there is a reasonable doubt about your guilt, you cannot be found guilty.

Alternatively, before trial, the prosecutor may suggest a lesser misdemeanor charge rather than a felony.

Your chances of avoiding the harsh consequences of a felony embezzlement conviction improve with representation and legal guidance from a seasoned criminal defense lawyer.

If you are facing embezzlement charges in the Biloxi area of Mississippi, contact an experienced criminal defense lawyer at Rushing & Guice, PLLC for legal advice and assistance.