When you have been charged with embezzlement, you may have been legitimately surprised by the news. Many times, it is obvious when a person commits a crime; oftentimes, someone is physically hurt or killed. The difficulty is in tracking down who caused the injury. White collar crimes can invert that dynamic—it may be clear who took an action, but whether that action was a good business tactic, a mistake, or a crime may not be clear.
Because of this complexity, getting help from a Chesapeake embezzlement lawyer as early in the process as possible is of the utmost importance. A theft attorney from Parks Zeigler, PLLC, can determine the details of a charge.
What Is Embezzlement?
In the legal system, many different words define various kinds of stealing, including embezzlement. Often, the public uses these words interchangeably in everyday conversation, but the law has specific definitions for each, which can cause confusion.
The broadest of these terms is larceny or, its synonym, theft. Larceny is simply taking someone else’s personal property—whether that be money, electronics, vehicles, or anything else. Then, there are different types of larceny. For example, burglary is larceny, which includes breaking into someone’s home, and robbery is larceny, which involves the use of force.
Embezzlement, according to Virginia Code § 18.2-111, is another form of larceny. However, unlike the examples above, embezzlement does not involve taking property from someone else’s possession. Instead, embezzlement involves the misuse of another’s property already in the accused person’s possession.
For example, when a client gives a financial advisor their money to invest, but the financial advisor instead uses the money to buy a beach house, that is embezzlement. The client gave the financial advisor their money freely, so the financial advisor did not commit theft simply by possessing the funds. But by using the client’s money in a way the client did not approve of, the financial advisor committed embezzlement.
An employee who uses the company credit card for personal expenses or a company vehicle for personal errands may be guilty of embezzlement as well. Similarly, Virginia Code § 18.2-111.2 provides that an employer is guilty of embezzlement if it takes money out of an employee’s paycheck for the purpose of paying the employee’s child support obligation and then does not make the payment.
The appropriate use of property entrusted to a person can be rife with uncertainty. A Chesapeake attorney with experience handling embezzlement could use that knowledge to understand the details of a case and build a strong defense.
Penalties for Embezzlement
The amount of money or property embezzled ultimately drives the penalty. A lawyer in Chesapeake can provide insight into how these general rules will apply in a particular embezzlement case.
When the embezzled amount is greater than $1,000, a guilty party will be charged with a felony. The punishment could be up to 20 years in prison.
When the embezzled amount is less than $1,000, then the individual will be guilty of a Class 1 misdemeanor. According to Virginia Code § 18.2-111, the maximum penalty for a Class 1 misdemeanor is up to 12 months in jail or a fine of $2,500. Alternatively, the penalty may include both a fine and a prison sentence.
Regardless of whether a court convicts a person of a felony or a misdemeanor, they will almost always have to repay the value of the amount they embezzled.
Seek Assistance From a Chesapeake Embezzlement Attorney
Embezzlement cases can be complicated, and they can carry serious consequences. When you have been charged with a crime, a Chesapeake embezzlement lawyer can help you mount a defense and protect your interests. Contact our team to discuss your case and begin preparing a defense.
