Felony Theft by Unlawful Taking Over $500 – Diversion

Our client was charged with KRS 513.030 which states:

Except as otherwise provided in KRS 217.181, a person is guilty of theft by unlawful taking or disposition when he unlawfully:

(a) Takes or exercises control over movable property of another with intent to deprive him thereof; or

(b) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.

She was alleged to have participated in a scheme to deprive the business she worked for out of money.  Historically employee theft cases are much more difficult to reach a reasonable plea deal that doesn’t include jail or prison time.  This is mainly due to prosecutors and judges handing down harsher penalties because the employee was in a position of trust.  Abe Mashni was able to successfully negotiate a plea deal where the client paid back all restitution to the company in exchange for the charge to be amended to a misdemeanor and for her to be referred to the diversion program.  She will meet with a diversion coordinator, pay a diversion fee, and perform community service.  ONCE SHE HAS COMPLETED THE COMMUNITY SERVICE, HER CHARGE WILL BE EXPUNGED AND REMOVED FROM HER RECORD.