Embezzlement Lawyer in Chicago
Embezzlement allegations can lead to severe criminal penalties, financial consequences, and long-term reputational harm.
Embezzlement is a form of theft that occurs when someone who was trusted with another person’s money, property, or assets misuses that property for personal benefit. It does not require sophisticated financial schemes or large sums of money. Employees, bookkeepers, managers, contractors, and caretakers are among the most frequently charged individuals of embezzlement. If you have been charged with embezzlement in Chicago or any surrounding suburb of Chicago, we can help!
Under 720 ILCS 5/16-1, a person commits embezzlement when:
- They were entrusted with someone else’s property,
- They intentionally used, transferred, or appropriated that property without permission, and
- They did so with the intent to deprive the owner of its use or value.
Importantly, the deprivation does not need to be permanent. Even temporary misuse of funds, inventory, or company assets can result in charges.
Embezzlement can apply to both:
- Tangible property: inventory, tools, cash drawers, electronics, office supplies
- Intangible property: digital assets, financial records, service value, payroll accounts
Prosecutors aggressively pursue these cases because they involve alleged breaches of trust, making early legal representation critical.
Penalties for Embezzlement in Illinois
Embezzlement is punished according to the value of the property involved. Even first-time offenders may face felony charges, prison time, restitution, and a permanent criminal record.
Potential Sentences Include:
Less than $500
- Class A misdemeanor
- Up to 1 year in jail
- Fines up to $2,500
$500 – $10,000
- Class 3 felony
- 2–5 years in prison
- Up to $25,000 in fines
$10,000 – $100,000
- Class 2 felony
- 3–7 years in prison
- Up to $25,000 in fines
$100,000 – $500,000
- Class 1 felony
- 4–15 years in prison
- Up to $25,000 in fines
$500,000 – $1,000,000
- Enhanced Class 1 felony
- 4–15 years without eligibility for probation
- Up to $25,000 in fines
More than $1,000,000
- Class X felony
- 6–30 years in prison
- Up to $25,000 in fines
Additional aggravating factors such as targeting an elderly victim, a school, or a place of worship can increase penalties significantly. Courts also order restitution for the full value of losses, which can create long-term financial hardship.
For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.
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Frequently asked questions
Get some of the most useful answers to common questions about embezzlement charges in Illinois.
Can I be charged with embezzlement if I intended to pay the money back?
Yes, Illinois law focuses on unauthorized use—not whether you planned to return the property. Even temporary borrowing or transferring funds can lead to charges. Kovacevic Law can help challenge the state’s evidence of intent.
Do prosecutors need direct proof of theft?
No, embezzlement cases often rely on financial records, access logs, employment duties, or circumstantial evidence. Our team evaluates how the evidence was gathered and whether investigators made assumptions rather than proving actual misconduct.
Can embezzlement be charged as a federal crime?
Yes, if the case involves banks, wire transfers, insurance companies, interstate activity, or federal programs, federal prosecutors may step in. Kovacevic Law can defend clients facing both state and federal crimes.
Will I have to repay the money if I am convicted?
Almost always. Illinois courts typically order restitution on top of criminal penalties. In some cases, negotiating repayment agreements early can help reduce charges or avoid incarceration.
Should I speak to my employer or investigators before calling a lawyer?
No, statements made during internal investigations, HR interviews, or conversations with management can be used against you. Contact Kovacevic Law before speaking to anyone, early legal guidance is essential in financial crime cases.