Virginia Embezzlement Lawyer
It’s no surprise to most people that stealing is against the law. Unfortunately, many are unaware of what acts constitute stealing. Taking someone else’s car is stealing, but so is skimming from your company funds. Embezzlement is a type of theft and is a white-collar criminal offense. White-collar crimes are non-violent offenses that are often financially motivated. Instead of force or threats of violence, such as in a robbery, offenders usually use plots and schemes to defraud their victims of their personal property or money.
Although the victim isn’t physically harmed, they can suffer substantial financial losses and mental strain. Therefore, charges of these crimes are prosecuted aggressively, and their convictions come with severe consequences.
If you are dealing with embezzlement charges in Virginia, you may benefit from the guidance of an experienced criminal Lawyer. Attorneys from the reputable firm of Scrofano Law PC can assess your felony embezzlement charge and advise you on your options.
Embezzlement V. Larceny
Some people believe embezzlement and larceny are the same, and they often use the terms interchangeably. By definition, larceny is stealing. It deprives someone of their money or personal property. It is further divided by the value of the stolen property into petit larceny and grand larceny.
According to VA Code 18.2-96, a person can be charged with petit larceny if the amount of the stolen money or the value of the stolen property is less than $5 (if taken directly) or $1000 (if taken indirectly). The accused could be charged with grand larceny if it is more than those amounts.
Embezzlement, however, is a particular type of theft where someone steals property or money that has been “entrusted and delivered” to them by an employer, company, or court. An embezzlement case can be tricky, as the person accused of embezzlement, by definition, had the owner’s consent to temporarily have the money or property. However, they commit embezzlement if they decide to permanently keep that property rather than merely manage it.
Embezzlement Further Explained
In an embezzlement case, the theft did not occur by force or coercion. The accused had some relationship with the victim, such as trust or employment. This relationship allowed them access to and a level of authority over the victim’s money or property. They subsequently breached that trust by retaining the assets in question beyond the scope of their authority or permission.
Embezzlement occurs in various ways, including simple spur-of-the-moment events totaling $5.00 and elaborate schemes to defraud companies of millions of dollars. It occurs when a trusted person acts in a way that will permanently deprive the rightful owner of their money or personal property.
This could be when an employee “keeps the change” in a transaction rather than putting it in a cash register. It could also be when a bank teller hatches an elaborate plot using computer software to steal from the bank. Regardless of the case, those accused might need to consider contacting an attorney experienced with embezzlement cases in Virginia.
Many embezzlement cases include circumstantial evidence that could be challenging for the prosecution to prove beyond a reasonable doubt. Therefore, if you are facing embezzlement charges or other common criminal charges, getting the help of an experienced embezzlement lawyer from a reputable firm like Scrofano Law PC can be beneficial.
Potential Embezzlement Penalties in Virginia
When faced with potential criminal charges, most people want to know the possible penalties if they are convicted. Then, they want to know how to avoid those punishments.
Virginia law delineates the consequences for embezzlement convictions depending on the amount of stolen money or the value of the stolen property. An embezzlement conviction where the victim is the federal government has exceptional penalties.
- Federal charges of embezzlement can result in up to 30 years in federal prison, fines up to $250,000, or both upon conviction.
- State charges of embezzlement for less than $200 can result in fines up to $2,500, jail time of up to one year, and probation upon conviction.
- State charges of embezzling $200 or more can result in fines up to $2,500, maximum jail time of 20 years, and probation upon conviction.
In Virginia, embezzlement is a misdemeanor if the value of embezzled money or property is less than $200. If the embezzled property exceeds $200, it is considered a felony.
Embezzlement is considered a federal crime when the rightful owner of the embezzled property is a public office, the U.S. government, or a financial institution.
Being charged with embezzlement carries severe penalties on the state and federal levels. If convicted, you may have to pay restitution on top of the fine, and the conviction will go on your criminal record.
A skilled Virginia embezzlement lawyer on your side can provide legal support and guidance throughout the process.
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How a Virginia Embezzlement Lawyer Can Help
Virginia embezzlement law can be hard to comprehend for most people, especially when experiencing the added mental and emotional strain of criminal charges. Whether the accusation is unexpected or the dreaded result of a regrettable decision, facing criminal charges and a court case by yourself is hard.
Therefore, if you are charged with embezzlement, contacting an experienced embezzlement attorney from the beginning can be instrumental in successfully defending yourself. A Virginia embezzlement attorney can do the following:
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Assess your case
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Interview witnesses
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Negotiate with prosecutors
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Outline your options
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Build your defense strategy
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Represent you in court
When you retain the services of a criminal defense attorney who is familiar with embezzlement cases, your chances of walking free increase significantly.
Contact Gretchen Taylor Pousson and Matthew Kensky of Scrofano Law PC
If you are facing Virginia embezzlement charges or other white-collar charges, the legal team at Scrofano Law PC can help. Schedule your free initial consultation with attorneys Gretchen Taylor Pousson and Matthew Kensky, our experienced criminal lawyers, and tell us about your case.
At Scrofano Law PC, we know how avoiding an embezzlement conviction can be crucial to your reputation and future. We are ready to build a robust defense strategy uniquely for your case and support you throughout the process.
Regardless of the details of your case, an attorney from Scrofano Law PC can help. Call us today for a consultation.