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Kentucky Embezzlement Laws

Kentucky embezzlement laws are codified under KRS 514 in the THEFT statutes of criminal law.  Embezzlement is defined as theft or misappropriation of funds placed in one's trust or belonging to one's employer. Generally in Kentucky, persons are charged with KRS 514.030 theft by unlawful taking or KRS 514.040 theft by deception. Occasionally a prosecutor may charge under KRS 514.070 theft by failure to make required disposition.  The cases may be handled in state court or may be transferred to federal court.  The ultimately decision rests with the prosecutor, but is generally determined by the agency investigating the case. Theft by unlawful taking (KRS 514.030) is a class D felony if over $500 but less than $10,000 and is considered as a class C felony if more than $10,000 but less than $1,000,000.  The charge and penalty increases to a class B felony if the amount exceeds $1,000,000. Theft by deception (KRS 514.040) is a class D felony if amount is over $500 but less than $10,000.  Similar to theft by unlawful taking, the charge and penalties increase to a class C felony if more than $10,000. As previously discussed elsewhere herein, class D felonies are generally punishable by 1-5 years, class C felonies 5-10 and class B felonies 10-20 years of incarceration.  All felonies are likely eligible for probation and most theft charges also include restitution as part of any criminal sentence. A major consideration in nearly all embezzlement cases is the possibility, if not likelihood, of separate or competing federal criminal embezzlement charges.  When selecting a criminal defense attorney, make sure that your attorney has history working in both the state and federal system.  There are many times that avoidance of federal court may greatly benefit the defendant, especially when dealing with the Federal Sentencing Guidelines. If you have been charged with theft or embezzlement in Kentucky or federal court, contact an experienced criminal defense attorney.  For a consultation, contact Michael Bouldin at the Bouldin Law Firm by email at [email protected] or call 581-MIKE 859-581-6453.

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