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An Overview Of Embezzlement In Florida

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Last updated on April 18, 2025

Embezzlement, a white collar crime, involves someone in a position of trust using another’s assets for personal financial gain. This offense is considered grave in Florida and is typically punished harshly. 

Florida Statute 812.014 defines theft as knowingly obtaining or using another’s property with intent to deprive the owner of it. Theft is classified by the value and type of property taken – ranging from petit theft (misdemeanor) to grand theft (felony). Penalties increase with higher values, prior convictions or aggravating circumstances.

Embezzlement charges can involve businesses, nonprofit organizations and financial institutions, with a conviction posing the risk of severe penalties. The attorneys at the Law Firm of Scott T. Moorey have extensive experience defending against embezzlement charges across Fort Myers and other Florida regions. 

Types Of Embezzlement

Below are some of the most common forms of embezzlement:

  • Government embezzlement: When officials misappropriate funds, undermining public trust
  • Nonprofit embezzlement: When individuals exploit nonprofits, diverting donations for personal gain
  • Employee embezzlement: When trusted workers steal company funds or property for their own benefit
  • Financial institution embezzlement: When bank employees or executives misuse client funds or institutional assets

These are the specific Florida statutes that govern embezzlement:

  • Florida Statute 812.04: Deals with embezzlement by public officials. The penalties are serious because these offenses concern public resources.
  • Florida Statute 812.06: Covers embezzlement by private individuals, employees and financial institution embezzlement cases.

Embezzlement convictions typically lead to incarceration and massive fines, as explained below. 

Florida Embezzlement Penalties And Potential Defenses

The penalties for embezzlement depend on property value and the circumstances of the incident. For property under $300, penalties may include fines and up to 60 days in jail. For amounts over $100,000, felony charges can lead to a prison term approaching 30 years and substantial fines. However, first-time offenders might face more lenient penalties, especially with sound legal advice.

Potential legal defenses to explore include lack of intent (the act was unintentional), mistake (misunderstanding property ownership), entrapment (forced into the action by another party) and duress (credible, immediate threats against the individual).

We can help you create a defense strategy that facilitates the most favorable outcome.  

Practice Areas

Call Us Today To Protect Your Rights

Florida embezzlement laws are complex, but our seasoned lawyers can provide the defense representation you need. Call us today at 239-275-5552 or use our online contact form to book your free consultation. We have offices in Fort Myers, Punta Gorda, LaBelle and Naples.

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