What an Indiana Embezzlement Attorney Can Do for Your Case
An accusation that you took money or property you were trusted to manage can threaten your paycheck, your professional license, and your standing in your community, often before you have had any chance to explain what happened.
Employers, banks, and licensing boards tend to act quickly once an accusation like this surfaces, and the fallout can start immediately. Andrew J. Baldwin leads the Indiana embezzlement lawyers at The Criminal Defense Team. He has been a Criminal Trial Specialist certified by the National Board of Trial Advocacy since 2008. The firm has offices in Franklin, Indianapolis, and Noblesville.
Building a defense in a case like this starts with a close look at the financial records and the access the state says you had, since those details usually decide whether the accusation holds up. Reach out to talk through what happened and what your options look like from here.
| CERTIFIED CRIMINAL TRIAL SPECIALIST — NATIONAL BOARD OF TRIAL ADVOCACY | OFFICES IN FRANKLIN, INDIANAPOLIS & NOBLESVILLE | DEFENDING CLIENTS SINCE THE 1990S |
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Embezzlement Charges Our Indiana Defense Attorneys Handle
Indiana does not have a separate embezzlement statute on the books. Prosecutors usually charge these cases as theft under Indiana Code 35-43-4-2. This can apply when a person had lawful access to money or property and then used it without permission. The state must prove the person knowingly or intentionally took unauthorized control of the property and meant to deprive the owner of some of its value or use. Depending on the facts, prosecutors may also file other charges, such as fraud or criminal conversion.
We represent clients accused of many kinds of embezzlement, including:
- Diverting funds from an employer’s payroll, accounts payable, or petty cash drawer
- Misusing a power of attorney to move an older relative’s money or property
- Converting client trust funds or real estate escrow deposits for personal use
- Misapplying funds entrusted to a nonprofit board, church, or homeowners association
- Skimming cash or falsifying records at a retail or service business
- Diverting government, grant, or school activity funds away from their intended purpose
Each of these situations gets investigated and defended differently depending on who controlled the money, how the access was granted, and what the paperwork actually shows.
What an Embezzlement Conviction Could Cost You in Indiana?
The charge you face often depends on the dollar amount the state says you controlled. Your past record can matter too. A charge involving less than $750 is usually a Class A misdemeanor. It carries up to one year in jail and a fine of up to $5,000. But a past unrelated conviction for theft, criminal conversion, robbery, or burglary can raise it to a Level 6 felony.
If the amount is $750 or more but less than $50,000, prosecutors can charge a Level 6 felony. The sentence is six months to two and a half years in prison, and the court can add a fine of up to $10,000. In some cases, a judge may enter the conviction as a Class A misdemeanor instead.
At $50,000 or more, prosecutors can file a Level 5 felony under Indiana Code 35-43-4-2. A Level 5 felony carries one to six years in prison and a fine of up to $10,000 under Indiana Code 35-50-2-6.
A conviction at any level can also mean court-ordered restitution, the loss of a professional license, and a record that follows you into future job applications.
How Our Indiana Embezzlement Lawyers Build Your Defense
Many cases like this come down to proof. The state must show that the person knowingly or intentionally took unauthorized control of the money or property. It must also show the person meant to deprive the owner of some of its value or use.
Our Indiana criminal defense lawyers start by pulling apart the records the state relies on to show intent, including bank statements, ledgers, authorization forms, and access logs. Some of these cases hinge on shared account access or unclear authorization that complicates a simple theft narrative, and finding those gaps early can change how a case gets resolved.
Andrew J. Baldwin has spent years testing that kind of proof in front of Indiana juries. He is admitted to practice in Indiana and the U.S. District Courts for the Northern and Southern Districts of Indiana.
Frequently Asked Questions
What does it cost to hire an Indiana embezzlement lawyer?
Fees depend on the complexity of the financial records involved, whether the charge is a misdemeanor or a felony, and how much investigation the case needs. We can give you an honest estimate after we talk about the specific accusation against you.
What’s the difference between theft, conversion, and embezzlement under Indiana law?
Indiana does not have a separate embezzlement statute. What people call embezzlement is usually charged as theft. Theft means knowingly or intentionally taking unauthorized control of someone else’s property with the intent to deprive the owner of any part of its value or use. Prosecutors may file criminal conversion instead when they cannot prove that intent. Conversion does not require intent to deprive, and it is generally a Class A misdemeanor.
Can an embezzlement accusation in Indiana turn into a federal charge?
It can, particularly when the accusation involves a bank, wire transfers across state lines, or federal program funds. Federal cases are filed in either the U.S. District Court for the Northern District of Indiana or the Southern District of Indiana. They follow their own sentencing rules, separate from state law.
Will I have to pay restitution if I’m convicted?
Indiana judges can order restitution in these cases. Restitution means paying back what the victim lost, and a judge can order it on top of any jail or prison sentence. If it is a condition of probation, the judge must also look at what you can afford to pay.
Can embezzlement charges be resolved without a felony conviction on my record?
Depending on the facts, the amount involved, and your criminal history, options like pretrial diversion (a program that can lead to dropped charges if you meet its conditions) or a negotiated plea to a lesser offense may be available. For a Level 6 felony, a judge may also enter the conviction as a Class A misdemeanor, or reduce it later, if the legal requirements are met.
Waiting Could Cost You. Contact an Indiana Embezzlement Lawyer Now.
Financial records, account access logs, and bank statements can get harder to explain, get overwritten, or simply disappear the longer a case sits without a defense in motion. Andrew J. Baldwin and the Indiana embezzlement lawyers at The Criminal Defense Team can start reviewing the numbers and documents behind your accusation as soon as you reach out.
Contact us today to talk through what the state says happened and what comes next.