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Managing someone else’s property or finances comes with responsibility—but what happens when accusations arise and you’re charged with embezzlement? Often, these cases are far more nuanced than they appear, involving trust, intent, and misunderstandings.

In Colorado, embezzlement falls under theft laws, with harsh penalties that could upend your life. And embezzlement accusations can jeopardize your career, reputation, and freedom. Let Jacob E. Martinez guide you through the legal process and fight for the best possible outcome. Contact a Denver Colorado criminal defense attorney for a consultation and take control of your life now.

Colorado Laws on Embezzlement

Colorado law categorizes embezzlement under the broader crime of theft. It specifically addresses the embezzlement of public property under C.R.S. § 18-8-407. This statute applies to public servants who, by virtue of their position, come into possession of public monies or property and knowingly convert them for personal use or any unauthorized purpose. The severity of the charges depends on the value of the property or funds involved. Let’s break it down:

• Petty Theft: Misappropriating property or funds valued under $300. This is considered a minor offense but can still result in fines and other penalties.
• Misdemeanor Theft: If the value ranges from $300 to $2,000, the penalties increase, including higher fines and possible jail time.
• Felony Theft: Misappropriation of assets worth more than $2,000 is a felony with significant penalties, including extended prison sentences and restitution orders.

Penalties for Embezzlement in Colorado

In Colorado, embezzlement penalties depend on the value of the misappropriated property or funds:

• Petty Offense (< $300): Up to 10 days in jail and fines up to $300.
• Misdemeanors ($300–$2,000): Jail terms from 120 to 364 days and fines up to $1,000.
• Felonies (>$2,000):
• Class 6 Felony ($2,000–$5,000): 12–18 months in prison, fines up to $100,000.
• Class 5 Felony ($5,000–$20,000): 1–3 years in prison, fines up to $100,000.
• Class 4 Felony ($20,000–$100,000): 2–6 years in prison, fines up to $500,000.
• Class 3 & 2 Felonies: Severe sentences up to 24 years and fines up to $1,000,000.

Embezzlement involving public property is a Class 5 Felony, with added penalties including disqualification from public office.

How Embezzlement Cases Are Investigated in Colorado

When embezzlement allegations arise, investigations often start with financial audits or reviews to uncover discrepancies, missing funds, or unauthorized transactions. Law enforcement then gathers evidence such as altered records, unapproved withdrawals, witness testimonies, and emails showing intent.

Prosecutors must prove you knowingly misappropriated funds, not just had access to them. Since proving intent is challenging without direct evidence, this aspect often becomes the focal point of embezzlement cases, making strong legal defense critical.

Common Defenses Against Embezzlement Charges

• Lack of Intent: Demonstrating that the alleged misappropriation was accidental or unintentional.
• Insufficient Evidence: Challenging the prosecution’s claims by pointing out gaps or inconsistencies in their case.
• False Accusations: In some cases, accusations of embezzlement stem from workplace conflicts or attempts to deflect blame.
• Duress or Coercion: If you were forced into the alleged actions under threat, this could be a valid defense.

Protect your Rights with a Denver, CO Defense Attorney

Embezzlement charges require a defense team that is both experienced and strategic. The Law Office of Jacob E. Martinez has been recognized among the Best Law Firms by U.S. News and World Report, reflecting our commitment to excellence in criminal defense. We have a deep understanding of Colorado’s legal landscape and a history of achieving positive results for our clients. Our client-focused approach ensures that we listen to your concerns and tailor our defense strategy to your unique situation.

Don’t let legal challenges derail your life. Call us at (720) 246-6700 or contact us online to schedule a free consultation and begin building a strong defense today.