Embezzlement is a kind of white-collar crime that typically does not involve violence or bodily harm. Instead, this offense includes theft or larceny for financial gain. The penalties for embezzling money can be harsh; therefore, it is important to speak with a criminal defense attorney if you are facing such allegations.
The extent of the criminal charges and sanctions that can result from embezzlement vary widely based on the value of the financial losses. As this offense often occurs in the context of employment, individuals also may lose their jobs or professional licenses if convicted. A McLean embezzlement lawyer could work to minimize any of these consequences.
Virginia Code §18.2-111 treats embezzlement as larceny or theft. Larceny occurs when an individual unlawfully takes another person’s property with the intent to deprive them possession or use of it. Typically, theft results in some financial benefit to the accused.
These allegations typically happen when an individual has funds or property with which another person has entrusted to the accused, usually as a function of their job or position. Therefore, this accused individual initially has lawful possession of the money or property in question. A person allegedly commits embezzlement when they fraudulently or unlawfully take, use, hide, or dispose of this property without consent from the owner.
This offense may arise in the context of specific types of employment or professional services. Some common scenarios of embezzlement may include:
In each of these cases, individuals have lawful possession of the funds, but instead of safeguarding them, they use them unlawfully to benefit themselves. Although a person may initially have the funds legally, they then use them in an unlawful manner that does not benefit the owners. An attorney in McLean could assist individuals who have been accused of embezzlement build a strong and effective defense.
The penalties for embezzling funds are identical to those for larceny under state law. The level of charges and severity of the penalties depends on the value of the funds or property embezzled. The greater the value, the more severe the charges and penalties tend to be.
Embezzlement falls into two major categories: petit and grand larceny. Under Va. Code §18.2-96, petit larceny occurs when the value of the funds or property stolen is less than $500. Petit larceny is a Class 1 misdemeanor, which carries the potential for up to 12 months in jail and a $2,500 fine.
If the embezzled funds or property is worth more than $500, however, the offense is grand larceny under Va. Code §18.2-95. A conviction for grand larceny may result in a prison sentence ranging from one to 20 years. Both judges and juries have the discretion to impose a more lenient sentence of up to one year in jail and a $2,500 fine. An embezzlement attorney in McLean could help someone mitigate the potential penalties.
Embezzlement can involve any value of stolen funds from a bank teller pocketing ten dollars to investment advisors taking thousands of dollars in client funds over time. Regardless of the circumstances, individuals may find consulting a McLean embezzlement lawyer to be highly advisable.
These cases often involve hundreds of financial transactions and records, which can make an extensive investigation necessary to mount a strong defense. Protecting your rights at all stages of criminal proceedings can be crucial to avoid the loss of your job, reputation, and freedom. As a result, individuals should not hesitate to contact legal counsel as quickly as possible when these allegations arise.
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