Embezzlement Defense Lawyers
Accused of embezzlement, taking money or property entrusted to you by an employer or client? In Arizona, embezzlement is charged as theft under A.R.S. § 13-1802, and the dollar amount drives the felony class, up to a Class 2 felony. These cases turn on intent and the accuracy of the company’s own numbers. Do not give a statement to your employer’s investigators or HR before you speak with a defense lawyer.
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What Is Embezzlement Under Arizona Law?
Quick answer: Embezzlement is not a separate statute in Arizona, it is prosecuted as theft under A.R.S. § 13-1802, specifically the theft of property or funds entrusted to you by virtue of your position, such as an employee, bookkeeper, manager, or fiduciary. The felony class is set by the dollar value: from a Class 1 misdemeanor under $1,000 up to a Class 2 felony at $25,000 or more. The State must prove you knowingly converted entrusted property with intent to deprive the owner, not that the books were simply messy or that you had a good-faith claim to the money. Full restitution and early mitigation often keep first-time embezzlement cases out of prison.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending embezzlement and other white-collar cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Embezzlement Under Arizona Law?
- Is embezzlement a felony in Arizona?
- How much prison time can you get for embezzlement in Arizona?
- What does the State have to prove for embezzlement?
- Can I avoid prison if I pay the money back?
- Is a disputed commission or bonus embezzlement?
- Will an embezzlement charge affect my professional license or job?
- How Value Sets the Embezzlement Charge
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with embezzlement in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-1802, the penalties, and the defenses that matter most.
Is embezzlement a felony in Arizona?
Usually. Arizona has no separate embezzlement statute — it is charged as theft under A.R.S. § 13-1802 when property was entrusted to you. Embezzlement of $1,000 or more is a felony, ranging from a Class 6 up to a Class 2 felony at $25,000 or more, while under $1,000 it can be a Class 1 misdemeanor.
How much prison time can you get for embezzlement in Arizona?
Because embezzlement is graded by dollar value, exposure runs from probation on lower-value cases to a Class 2 felony of 3 to 12.5 years at $25,000 or more. Losses of $100,000 or more carry a mandatory prison term under A.R.S. § 13-1802(G), which makes early strategy and establishing the true loss critical.
What does the State have to prove for embezzlement?
The State must prove you knowingly converted property entrusted to you, without authority and with intent to deprive the owner. Intent is the key element — an accounting error, commingled accounts, or a good-faith claim of right to the money is a defense, not a crime.
Can I avoid prison if I pay the money back?
Often, yes. For first-time embezzlement, full restitution paired with strong mitigation frequently results in probation rather than prison, and can sometimes support a charge reduction. But losses of $100,000 or more carry a mandatory prison term, so the strategy has to be built early and around the true, often lower, loss amount.
Is a disputed commission or bonus embezzlement?
Generally not. Arizona recognizes a good-faith claim of right — if you honestly believed you were entitled to the money, such as a disputed commission, an authorized advance, or a reimbursement, there is no intent to deprive and no theft. Many embezzlement accusations are really civil disputes over pay or expenses.
Will an embezzlement charge affect my professional license or job?
Very likely. A theft-of-trust conviction can trigger discipline or revocation for CPAs, real estate agents, healthcare providers, and finance professionals, and it creates a permanent record that bars many positions handling money. It also carries immigration consequences for non-citizens, so protecting your license is often as important as the criminal case itself.
How Value Sets the Embezzlement Charge
Because embezzlement is charged as theft, the dollar amount determines the felony class, and your exposure. Establishing the true loss is a core defense goal.
| Value Involved | Offense Level | Felony Class | First-Offense Range* |
|---|---|---|---|
| Under $1,000 | Misdemeanor | Class 1 Misd. | Up to 6 months jail |
| $1,000 – $2,000 | Felony | Class 6 | 4 mo – 2 years |
| $2,000 – $3,000 | Felony | Class 5 | 6 mo – 2.5 years |
| $3,000 – $4,000 | Felony | Class 4 | 1 – 3.75 years |
| $4,000 – $25,000 | Felony | Class 3 | 2 – 8.75 years |
| $25,000 or more | Felony | Class 2 | 3 – 12.5 years |
*Ranges are for a first offense and vary with priors and aggravators. Property of $100,000+ carries a mandatory prison term under A.R.S. § 13-1802(G).
What the State Must Prove for Embezzlement
To convict you of Embezzlement under A.R.S. § 13-1802, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Control over property of another. You exercised control over money or property that belonged to your employer, client, or another.
- 2Entrusted by virtue of your position. You held the property lawfully at first, through a job, fiduciary role, or position of trust.
- 3Knowing conversion without authority. You knowingly used or took the property for an unauthorized purpose.
- 4Intent to deprive. You intended to deprive the owner of the property, not merely a mistake, a dispute, or a good-faith claim of right.
Examples of Conduct Charged as Embezzlement
- An employee or bookkeeper diverting company funds to a personal account
- A manager creating fake vendors or padding expense reports
- A cashier or teller skimming cash and altering the records
- A fiduciary, trustee, or caregiver using a client’s funds for themselves
- An officer taking unauthorized advances or loans from company accounts
What Sentence Could You Actually Face?
Embezzlement penalties track the theft grading, from probation with restitution to over a decade in prison. For first-time cases, full restitution and mitigation often keep prison off the table, but losses of $100,000+ carry mandatory prison.
Class 4–6
Lower-Value Embezzlement
Class 3
Mid-Value ($4K–$25K)
Class 2
$25K+ / $100K Mandatory
⚠ Restitution Can Be the Whole Case
In embezzlement cases, Arizona courts order full restitution of the proven loss. A credible restitution plan, paired with strong mitigation, can move a first-time case from prison to probation, and sometimes support a charge reduction. Establishing the true loss, often far lower than the employer’s audit claims, is both a sentencing and a charging defense.
How We Fight Arizona Embezzlement Cases
Every case has weak points. These are the defenses we look at first.
Attacking Intent & the Theory
Good-Faith Claim of Right. If you honestly believed you were entitled to the money, a disputed commission, bonus, or reimbursement, there is no intent to deprive and no theft.
A Civil Dispute, Not a Crime. Many accusations are really disputes over compensation, expenses, or a business partnership that belong in civil court.
Authorization. Where the use of funds was approved, expressly or by past practice, the conversion was not unauthorized.
Lack of Intent / Accounting Error. Messy books, commingled accounts, or a clerical error are not proof of a knowing intent to steal.
Attacking the Evidence
The Employer’s Numbers Are Wrong. Internal audits routinely overstate loss through double-counting and bad assumptions. Our forensic accountant re-traces every dollar.
Improper Aggregation. The State cannot lump unrelated transactions together to inflate the felony class; each must be proven.
Unlawful Search or Coerced Statement. Confessions extracted by HR threats, or records seized improperly, can be challenged or suppressed.
Statute of Limitations. Older transactions may fall outside the limitations period and cannot be charged.
The Experts We Bring to the Table
The State builds financial-crime cases with investigators, forensic auditors, and data analysts. We answer with the same caliber of specialists.
Forensic Accountants
Following the Money
Independently trace transactions, audit the State’s spreadsheets, and expose double-counting, missing context, and innocent explanations.
Certified Fraud Examiners
Intent & Scheme Analysis
Evaluate whether the conduct actually fits the charge or is an ordinary business dispute, and where the intent evidence falls short.
Computer Forensics Experts
Devices & Accounts
Examine the digital evidence, emails, logins, and IP data, and challenge whether it really proves who acted.
Financial & Data Analysts
Records & Patterns
Reconstruct the financial record from bank and accounting data and test the assumptions behind the State’s loss calculations.
Tax & Regulatory Experts
Compliance & Reporting
Explain industry practice, reporting rules, and tax treatment that the State has mischaracterized as a crime.
Valuation & Restitution Experts
Loss & Restitution
Establish the true loss amount, often far lower than alleged, which drives both the felony class and any restitution.
Recent Embezzlement Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles embezzlement cases across Arizona.
Alleged Employee Embezzlement
Probation, No Prison
With full restitution and a strong mitigation package, we resolved a six-figure theft-of-trust case to a probation grant, avoiding prison.
Bookkeeper Theft Accusation
No Charges Filed
Our forensic accountant showed the ‘missing’ funds were authorized owner draws; the matter resolved civilly with no criminal charge.
Disputed Commissions
Charges Dismissed
A good-faith claim of right to earned commissions defeated the intent element, and the theft and fraud counts were dismissed.
Inflated Loss Amount
Reduced to Misdemeanor
We exposed double-counting in the employer’s audit, dropping the proven loss below the felony threshold.
Manager Expense Allegation
Charges Reduced
Documentation of approved expenses and past practice cut a Class 3 felony to a low-level resolution with no jail.
Fiduciary Conversion Claim
Probation, No Prison
Early restitution and mitigation kept a client in a position of trust out of prison and protected against a mandatory term.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best embezzlement lawyer in Phoenix, an employee theft defense attorney, or help with a felony embezzlement or theft-of-trust accusation. Tamou Law Group defends embezzlement and other white-collar cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County. This page is part of our Arizona white collar crimes practice. Call 623-321-4699 for a free, confidential consultation, 24/7.
Arizona Embezzlement FAQs
Quick answers to the questions we hear most about embezzlement charges, penalties, and defenses in Arizona.
Is embezzlement a separate crime in Arizona?
No. Arizona has no standalone embezzlement statute. It is prosecuted as theft under A.R.S. 13-1802 when the property was entrusted to you through a job or position of trust. The dollar value sets the felony class.
Is embezzlement a felony in Arizona?
Usually. Embezzlement of $1,000 or more is a felony, ranging from a Class 6 up to a Class 2 felony at $25,000 or more. Under $1,000 it can be charged as a Class 1 misdemeanor. Losses of $100,000+ carry mandatory prison.
What does the State have to prove for embezzlement?
That you knowingly converted property entrusted to you, without authority and with intent to deprive the owner. Intent is the key element, an accounting error, a dispute, or a good-faith claim of right is a defense.
My employer wants me to sign a repayment agreement. Should I?
Talk to a lawyer first. A repayment admission or recorded statement to HR can become the central evidence in a criminal case. The pre-charge stage is when these cases are most winnable, do not give a statement without counsel.
Can I avoid prison if I pay the money back?
Often, yes. For first-time embezzlement, full restitution paired with strong mitigation frequently results in probation rather than prison. But losses of $100,000 or more carry a mandatory prison term, which makes early strategy critical.
Is a disputed commission or bonus embezzlement?
Generally not. If you honestly believed you were entitled to the money, that good-faith claim of right defeats the intent to deprive. Many embezzlement accusations are really civil disputes over pay or expenses.
How is the loss amount calculated?
Prosecutors usually rely on the employer’s internal audit, which often overstates the loss through double-counting and bad assumptions. Our forensic accountant independently re-traces the funds, and establishing the true, lower loss can reduce the felony class.
Will an embezzlement charge affect my professional license?
Very likely. A theft-of-trust conviction can trigger discipline or revocation for CPAs, real estate agents, healthcare providers, and finance professionals. Protecting your license is often as important as the criminal case.
Can embezzlement be charged with other crimes?
Yes. It is frequently stacked with fraudulent schemes (A.R.S. 13-2310), forgery (A.R.S. 13-2002) where records were altered, and money laundering (A.R.S. 13-2317) where proceeds were moved.
How long do embezzlement investigations take?
Often months. They typically start as a quiet internal audit, then move to police and forensic review before any charge. That long window is exactly why early defense involvement is so valuable.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Arizona has no separate embezzlement statute, it is charged as theft under A.R.S. § 13-1802 when the property was entrusted to you.
- The dollar value sets the felony class, from a Class 6 felony (or Class 1 misdemeanor under $1,000) up to a Class 2 felony at $25,000+.
- A position of trust (employee, manager, fiduciary) is what turns ordinary theft into what people call embezzlement, and it can be an aggravating factor.
- The State must prove intent to deprive, an accounting error, a disputed bonus, or a good-faith claim of right is a defense, not a crime.
- Embezzlement is frequently charged alongside fraudulent schemes (A.R.S. § 13-2310), forgery, and money laundering.
- Employers often build the case with their own forensic audit, those numbers are frequently wrong, and we bring our own forensic accountant to test them.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.