Embezzlement

Embezzlement occurs when you fraudulently and dishonestly take ownership of someone else’s property without authorization. It occurs after the property owner has entrusted their property to you for safekeeping or management. Although this is not a violence-related crime, it can result in severe financial loss. It is also a significant breach of trust by someone entrusted with valuable property. That is why Virginia law treats embezzlement as a grave offense, prosecuted as a felony or misdemeanor, based on the value of embezzled property. The crime is punishable by a lengthy jail sentence and a hefty court fine.

If you face embezzlement charges in Northern Virginia or Fairfax, you must be very worried about the trial and the consequences of a conviction. Fortunately, a skilled criminal attorney from Virginia Criminal Attorney can help you fight your charges in court. We understand the life-changing consequences of a conviction for such a grave offense. We can explain your legal situation, fight for your rights, guide you through the complex legal process, and push for a favorable outcome.

An Overview of the Crime of Embezzlement

When someone gives you temporary possession of their property or allows you to manage it, they should obtain full possession at will. If you deprive a property owner of their property after being allowed to manage or take temporary possession, you could be charged with embezzlement. You can face charges for this crime after a once-off event or after weeks, months, or years of embezzling another person’s money or property.

For example, if you work in a bank and take money from a customer’s account when you need financial assistance, this is a one-time embezzlement incident. This is another form of embezzlement if you have taken small amounts from different customers' accounts over the last few weeks, months, or years.

Embezzlement has elements similar to stealing and other theft-related crimes. However, the difference between embezzlement and other theft crimes is how the perpetrator acquires possession of another person’s property. In embezzlement cases, the owner transfers temporary property ownership to the perpetrator out of trust. They do so, hoping the perpetrator will take care of their property and return it after a predetermined period. In theft cases, a perpetrator takes possession of someone else’s property against their will.

Thus, embezzlement is mainly committed by people trusted to manage or take care of valuable property by the property owners. The transfer of property ownership is usually based on mutual trust. However, the perpetrator breaches that trust by possessing the property without the owner’s consent. This happens in businesses where employees steal from their bosses or transfer money or property to their names without their employees’ knowledge.

In Virginia, cases of embezzlement are rampant in the business world. Some employees fraudulently convert their employers’ money and property for personal use without the owner’s authorization. This can take many forms, including abusing office privileges like overtime for financial gain. Employees in authority take advantage of their positions to benefit more from their bosses at the expense of their juniors.

However, not all fraudulent cases in an office setting qualify as embezzlement. The prosecutor must ensure that a case meets all the criteria set by the law for them to file embezzlement charges against a suspected offender. For example, they must demonstrate your fraudulent intent and that you converted someone else’s property for personal use. If your case details meet all the elements of this offense, you can be convicted of the crime.

Here are examples of situations that could result in embezzlement charges:

• An employee with access to a business register takes some money for personal use without its owner’s authorization.
• A bookkeeper or account officer falsifies a business’s financial records to hide evidence of his misappropriation of funds.
• A payroll manager fails to deposit employees' taxes and benefits and later claims the difference.
• If an investment manager diverts client funds for personal projects without authorization, this can constitute embezzlement.

Since embezzlement comes in all shapes and sizes, the prosecutor must consider individual cases in detail to ensure they meet the set criteria before filing a case in court. This way, they can prosecute the case successfully during the trial.

The Legal Definition of Embezzlement in Virginia

The law against embezzlement in Virginia is under Virginia Code § 18.2-111. Although embezzlement is treated the same as larceny, their legal definitions differ. Larceny charges occur when you take unlawful possession of another person’s property without their consent or knowledge. Embezzlement occurs when you take illegal possession of someone’s property after they have temporarily entrusted it to you. When there is a breach of trust between a property owner and the person entrusted to the property, the owner can suffer significant financial losses. This is why Virginia has severe penalties for anyone found guilty of embezzlement.

When prosecuting embezzlement cases, prosecutors must demonstrate how someone entrusted another with their property for safekeeping or management. They must also demonstrate how the second person took advantage of that trust to defraud the owner of their valuable property. The property in question can be money or valuable assets. The prosecutor must provide evidence of the crime, such as checks, notes, money orders, bills, bills of lading, or receipts, to prove that the victim transferred temporary property ownership to the defendant. They must also demonstrate a relationship between the victim and the defendant, for example, an employer-employee relationship, an investor-investment manager relationship, or other trust-based relationships involving guardians and fiduciaries.

Remember that Virginia law treats embezzlement the same way it treats larceny. This means you can face misdemeanor or felony charges for embezzlement based on the amount of embezzled property. Larceny charges are filed as either petit or grand larceny according to the amount of stolen property. Generally, the prosecutor decides how to file charges based on the facts of a case and the defendant’s criminal history.

You can face embezzlement charges for anything valuable, tangible, or intangible. For example, a computer, a computer network, programs, software, money, stocks, or documents.

Like in all criminal cases, the prosecutor bears the burden of proof. They must demonstrate beyond a reasonable doubt that you embezzled another person’s property. Here are the elements of this crime which constitute its legal definition and which the prosecutor must prove for a guilty verdict in a trial:

• Someone entrusted you with a property for management or temporary possession out of trust
• You had a particular relationship with the property owner, which prompted them to take that action
• You transferred ownership of that property to yourself or used it for your own needs without the owner’s authorization or knowledge.
• You intended to permanently deprive the owner of the ownership of their property.

If you face misdemeanor charges, the prosecutor will demonstrate that the money or property you embezzled was less than $1,000. However, if you face felony charges, the property must be valued at $1,000 or more.

Remember that the prosecutor must prove all these elements for the court to find you guilty. Using evidence to weaken the prosecutor’s case, you can refute one or more elements. If you do this, the judge can rule the case in your favor.

Sentencing Guidelines and Possible Penalties for a Conviction Under Virginia Code § 18.2-111

Embezzlement is a grave crime, resulting in severe financial loss to a property owner. It also entails a breach of trust, which is not a light matter under the law. Thus, the consequences of a conviction under this statute will likely be grave.

The prosecutor files embezzlement charges based on the circumstances of an individual case and the defendant’s criminal history. Generally, the worth of the embezzled property mainly determines the charges the prosecutor files in court.

If you face misdemeanor charges for embezzling property whose value is not more than $200, you will likely face the following penalties upon conviction:

• A maximum of one year in jail
• Misdemeanor probation
• A court fine of not more than $2500
• Victim restitution

The judge can sentence you to probation or jail time, depending on your criminal history. In some cases, judges combine the two penalties, whereby a defendant must spend some mandatory time in jail and the rest of their sentence out on probation.

Misdemeanor probation can take up to three years. You must abide by the conditions the judge sets during sentencing to avoid going to jail for the period recommended under the law.

Embezzling more than $1,000 worth of property will likely result in a felony charge. In this case, the penalties you will likely receive upon conviction include the following:

• A jail sentence of one to twenty years or a 12-month jail sentence at the court’s discretion
• A court fine of not more than $2500
• A jail sentence and a fine, depending on the facts of your case
• Felony probation
• Victim restitution

The judge can heighten your sentence under specific circumstances. For example, if the embezzled property was a dangerous weapon, like a gun, you will face a felony charge, and the penalties will be graver. The hefty penalty applies regardless of the cost of the weapon.

If the embezzled property belongs to the government, it can become a federal crime, with even heftier penalties. Federal crimes are prosecuted and penalized differently than state and local crimes. A conviction for a federal crime is punishable by up to thirty years in prison. Your sentence can include a court fine of $250,000.

Victim restitution can be required in some embezzlement cases. If the judge orders you to pay restitution, you will pay a particular financial compensation to the victim of your crime. The amount can be equal to or more than the worth of the embezzled property. This requirement can come as part of your probation condition. Failure to pay restitution will result in additional legal problems.

How Aggravating Factors Can Affect Your Sentence

Aggravating factors are elements of a crime that make it graver than it appears under the law. The presence of an aggravating factor in any crime will likely result in more severe penalties for a convicted offender. Thus, if the judge finds aggravating factors in your embezzlement case, they will likely increase your jail or prison sentence and your fine. Several factors can exacerbate your case. Examples include the following:

The Victim is a Vulnerable Person

Generally, the law expects families and caregivers to take good care of vulnerable members of society. A vulnerable person can be sick, disabled, or elderly. Taking advantage of vulnerable people can result in a harsher sentence than the law provides for your crime. Thus, if the details of your case show that you took advantage of your position or power or a vulnerable person’s trust to steal from them, the judge can enhance your sentence.

The Level of Trust Between the Victim and Perpetrator Was Higher

A normal level of trust between an employer and employee will likely result in standard penalties if the employee breaches that trust to steal from their employer. However, some relationships have a heightened level of trust, which the judge can consider during sentencing. For example, if you are a public servant, your responsibility is greater than that of an ordinary employee. The public depends on you to make rightful decisions while managing public resources and funds. If, after a jury trial, the court finds you guilty of embezzlement, you will likely face harsher penalties than an ordinary employee facing the exact charges.

Embezzling Large Funds Over a Prolonged Period

Remember that embezzlement cases are prosecuted according to the value of properties involved. Your penalties will likely be higher if you embezzle significant funds. The judge will likely increase your penalties if this happens for months or years. The judge will likely enhance your sentence if the evidence proves you have embezzled substantially for a long time.

How a Criminal Attorney Can Help

Criminal defense attorneys are crucial in the criminal justice system. They work closely with defendants to ensure their needs and best interests are served. You can hire a private attorney after your arrest, or the court will appoint one. Legal representation increases your chances of obtaining a fair outcome for your case. Here are some of the ways an attorney can help:

Help in Understanding Your Charges

Embezzlement law is complex and challenging for someone with minimal or zero legal knowledge. If you face embezzlement charges, understanding what the law states is critical to determining the gravity of your charges and possible penalties. You need the assistance of a skilled attorney for this. Criminal attorneys, especially those handling white-collar crimes, can explain your legal situation and likely outcome. Your attorney will ensure you understand how grave your charges are and how vital a solid defense is in obtaining a reasonable result. This information will prepare you for what lies ahead.

Help in Understanding and Fighting for Your Rights

An attorney is necessary to safeguard your civil rights. Everyone has rights that must not be violated, even when they face grave criminal charges. It helps to know what those rights are so you can protect yourself. For example, you must protect yourself from self-incrimination after an arrest, which could worsen your legal situation. The police can trick you into confessing to the crime or providing more details than you should. An attorney will protect you from making such mistakes, which could harm your case.

Your civil rights after an arrest include your right to an attorney and a fair and speedy trial.

Help in Preparing for a Trial

An attorney is also necessary when preparing for a trial. Preparing for a criminal trial is critical, even if you are innocent of your charges. The jury relies on what they hear and see during the trial to conclude a case. If you have nothing to present during the trial, the judge will likely rule in favor of the prosecution. If you need a fair trial and a favorable outcome, you must prepare well for the prosecution. This can be challenging if you lack legal knowledge. An attorney can help you with this. They can assist you in gathering evidence, preparing your statements, and other paperwork needed for the hearing.

Help with Planning and Delivering Your Defense

An attorney can help you with the defense. Remember that you must defend yourself against the embezzlement charges to push for a reasonable outcome. Although you can represent yourself during the trial, criminal defense is a sophisticated matter that requires expertise. Only a competent criminal attorney can deliver a successful defense that could compel the court to dismiss or reduce a defendant’s charges. Additionally, defense attorneys have access to some of the best strategies to make this happen. Here are some of the techniques your attorney can use for a better outcome in your case:

1. The Prosecutor Lacks Sufficient Evidence to Obtain a Conviction

Prosecutors in criminal cases fight for a conviction. Since they bear the burden of proof, they must prove all elements of the crime and present any available evidence to obtain a conviction. However, this can be challenging if the prosecutor has insufficient evidence. Your attorney can point out this fact to the court to push for a case dismissal. The law requires the judge to dismiss your charges if the prosecutor cannot prove all elements of your crime beyond a reasonable doubt.

A skilled attorney can tell the strength of a prosecutor’s case from how they prove different elements of your case. The judge will likely dismiss your case if the prosecutor’s case is weak.

2. You Did Not Intend to Defraud the Victim

Embezzlement is one of the many crimes that require a specific intent, which the prosecutor must prove beyond a reasonable doubt to obtain a conviction. You are guilty of embezzlement if you divert another person’s property or money to your use to defraud them of their property permanently. The court cannot convict you under Virginia Code § 18.2-111 if this was not your intent. The intent is one of the critical elements that the prosecutor must prove for the court to find you guilty.

In your defense, your attorney can argue that you only borrowed the property or money, intending to return it in time for its owner to benefit. Another argument would be that you used or diverted the property to yourself because you thought you had the legal right to it. The judge will dismiss your charges if your attorney supports this argument with evidence.

3. You Acted under Duress

This defense can work if someone else causes you to embezzle another person’s money or property. This is not an uncommon matter, especially when more influential people are involved in embezzlement cases. Those in higher authority use the juniors to steal from businesses to avoid direct involvement.

If you face embezzlement charges because someone forced or threatened you into the crime, your attorney can use this defense strategy to compel the judge to dismiss your charges. However, this will work if your attorney has sufficient evidence to support your claims. You may also require the court’s protection against retaliation, especially if the responsible party is influential.

4. You Are a Victim of Police Entrapment

The police use entrapment to catch criminals in the acts of crimes that mainly involve highly intelligent or careful individuals. Respectable members of society mostly commit white-collar crimes. These people will likely not leave any evidence behind, making it difficult for investigating police to find sufficient evidence for a successful arrest.

If your arrest occurred after a successful police operation, you can use this defense if you can prove that you only committed the crime because of the entrapment. If this works, the judge will dismiss all the evidence against you.

Find A Skilled Criminal Attorney Near Me

If you or someone you love is facing embezzlement charges in Northern Virginia or Fairfax, a competent criminal defense attorney can help. It could be challenging to navigate complex court processes without legal assistance. You also need help understanding your charges and legal options. An attorney will fight for your rights and help you build a solid defense against your charges.

Our Virginia Criminal Attorney team comprises highly skilled and experienced criminal defense attorneys. We are willing and ready to work with you to ensure a fair trial and a reasonable outcome in your case. We will ensure you understand your rights and can plan a strong defense for your embezzlement charges. Call us at 703-718-5533 for more information about your charges and our services.