Virginia Embezzlement Lawyer

If you are facing an embezzlement charge, I can help. As a Virginia embezzlement lawyer, I can fight your case in court and protect your legal rights.

read important information related to Virginia embezzlement lawyer listed below:

What Is The Difference Between Theft and Embezzlement in The Commonwealth of Virginia?

Embezzlement happens under Code of Virginia §18.2-111 when someone in a fiduciary relationship or a relationship of trust steals property that was rightfully given to them to handle as part of said relationship. 

A cashier pocketing cash rather than putting it in a cash register is a prime example. 

The cashier had the money legally but committed embezzlement by pocketing the money rather than placing it in the register. 

Embezzlement is a specific kind of theft.  Virginia does not have a crime called theft; rather, Virginia refers to theft as Larceny. 

In Virginia, proof of embezzlement will sustain a Larceny conviction per §18.2-111.  

The difference between most forms of larceny and embezzlement is how the accused gained possession of what was stolen.  In the classic larceny case, the perpetrator simply stole something that they did not own. 

This prototypical larceny is a trespasser taking of the property of another.  In embezzlement, the accused rightfully had what was stolen and misappropriated it.  

Picture a bank teller.  You hand them money for a deposit.  They now rightfully have the money, but it does not belong to them. 

If the bank teller simply puts the money in his or her pocket rather than into your account, that is embezzlement

What Can Be Embezzled?

• 18.2-111 explicitly states that embezzlement can refer to the theft of any money, bill, note, check, order, draft, bond, receipt, bill of lading, or any other personal property, tangible or intangible.
• §18.2–152.8 expands the list of things that can be embezzled to include computers, computer networks, financial instruments, computer data, computer programs, computer software, and other forms of personal property.

Who Can Embezzle?

§18.2–111 specifies that for embezzlement to occur, the accused must have a certain relationship with the victim. 

The accused must come into possession of what was stolen through employment, his office or position, or through a relationship that trusted the accused with the items stolen.

What Are The Penalties For a Conviction of Embezzlement in Virginia?

Penalties for a conviction of embezzlement vary depending on the severity of the embezzlement. 

Charges of embezzling less than $1,000 worth of value constitute Petit Larceny, a Class 1 misdemeanor. 

This conviction carries with it up to a year in jail and a fine of up to $2,500.  

Embezzling more than $1,000 worth of value constitutes Grand Larceny.  Grand Larceny charges can result in 1 to 20 years imprisonment, up to a year in prison paired with a fine of $2,500, or both.

Facing either degree of embezzlement is daunting.  The threat of jail time and colossal fines are real. 

If you are facing charges of embezzlement, get a trained Virginia embezzlement attorney

What Must Be Proven?

To win a conviction, the Commonwealth of Virginia must prove that the accused wrongfully handled the stolen property for their own profit. 

This does not have to be a direct benefit such as a deposit into their financial accounts.

Additionally, the prosecution must prove the intent of the accused was to deprive the rightful owner of the property in question.  The intent of the accused can be shown through the words and conduct of the accused.

In embezzlement cases, it is difficult to prove with direct evidence that the accused had the requisite intent to deprive the rightful owner of what was stolen. 

Similarly, it is often difficult to show direct evidence of the actual theft.  As a result of these challenges, both the accused’s intent and the actual theft of property can be proven by circumstantial evidence.

What Are Defenses to Embezzlement?

To successfully convict somebody under Virginia’s embezzlement laws, the intent of the accused is very important. 

Thus, a simple failure to properly handle funds is not always going to be embezzlement.

Attacks on the government’s evidence of intent are one of the tools a skilled Virginia embezzlement attorney brings to your defense in such charges. 

If you are facing a charge of embezzlement, get a skilled Virginia embezzlement attorney at American Lawyers Group.

Why it is Recommended to Hire an Experienced Virginia Embezzlement Attorney

To successfully convict somebody under Virginia’s embezzlement laws, the intent of the accused is very important. 

Thus, a simple failure to properly handle funds is not always going to be embezzlement.

Attacks on the government’s evidence of intent are one of the tools a skilled Virginia embezzlement attorney brings to your defense in such charges. 

If you are facing a charge of embezzlement, get a skilled Virginia embezzlement attorney at American Lawyers Group.