Legal Question in Criminal Law in Oklahoma

I was recently elected to a small town city council in Oklahoma. When I took office I was told that the the position paid $ 550 a month to the 4 board members, not including the mayor. This has been done for the last 15+ yrs. Now after 6 months in office an investagation was done and I have now been charged a fellony charge of embezellment. I did find an ordinance that was signed back in 2007. The DA said since it was not filed properly all the board members from 15 yrs past will be charged this felony. He also told us that ignorance of the law is no excuse.


Asked on 1/12/10, 5:42 pm

1 Answer from Attorneys
Rob Henson Henson Law Firm, PLLC

In order to be convicted for felony embezzlement, more is required than just mere acceptance of a monthly pay check. While the embezzlement statute states that a distinct act of taking is not required, "fraudulent appropriation, conversion or use of property" IS required. Again, this means mere acceptance of a pay check does not rise to the level of felony embezzlement. However, it appears that you have already been charged with embezzlement, so you need to hire a criminal defense attorney as soon as possible to defend yourself against this charge. Feel free to contact me for a free consultation. I would be happy to visit with you further about this matter.

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Answered on 1/18/10, 8:49 am


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