Arlington Embezzlement Lawyer
White collar crimes are nonviolent offenses that individuals typically commit for financial gain. These offenses, which include embezzlement, usually involve some fraudulent scheme to take money or property from others.
Since the financial losses and resulting penalties can be substantial, an Arlington embezzlement lawyer may be able to assist those who are facing embezzlement charges. In an embezzlement scheme, the accused individuals have the right to temporary possession or use of the property or funds as a result of their employment or other positions of trust.
Instead of holding the property in trust for its owner, however, those who commit embezzlement decide to commit theft or to permanently misappropriate the property and deprive the owner of its benefit and use. If you are facing accusations of embezzlement, a seasoned fraud attorney may be able to help.
Embezzlement in Arlington
Va. Code § 18.2-111 establishes embezzlement as a form of larceny or theft. Generally, theft involves the unlawful taking of property belonging to others, with the intent to deprive the owners of the possession or use of the property, and the intent to achieve some benefit, either for themselves or others. Embezzlement, however, occurs when individuals illegally and fraudulently take, use, hide, or dispose of property that an employer or principal has entrusted to them, typically as a result of their employment, office, or position of trust.
The most common relationship involved in embezzlement is that employer and employee. In this situation, an employer entrusts the employees with some money or other property of value. Instead of holding the property as required by their position, the employees take, conceal, or otherwise utilize the property, either for their gain or to benefit others.
Elements of Embezzlement Charges
Allegations of embezzlement can arise in many different situations, most of which are employment-related. Embezzlement may result from cases in which a clerk or employee with access to cash payments fails to deposit or account for small sums of money over time. Conversely, an investment professional or financial advisor may utilize thousands of dollars in funds belonging to a customer to invest for personal financial gain, as opposed to using them as intended to benefit the customer.
Additionally, proof of embezzlement beyond a reasonable doubt requires a showing of intent. In other words, there must be evidence that the accused individuals had a specific fraudulent intent to deprive the owner of the property of its benefit or usage. An Arlington embezzlement lawyer may be able to defend individuals against accusations of wrongdoing that may involve embezzlement.
Embezzlement Sentencing in Arlington
Those who commit embezzlement receive are subject to the same potential penalties as those who commit larceny or theft. The level of the larceny charges depends primarily upon the value of the property or funds embezzled. As the possible penalties for a larceny offense may be severe, an embezzlement attorney in Arlington may be of benefit to those accused of embezzlement.
If the property that was the subject of the embezzlement is worth less than $500, the charge is for petit larceny according to Va. Code § 18.2-96. This offense is a Class 1 misdemeanor, which carries the potential for a jail sentence of up to 12 months and a $2,500 fine.
Va. Code § 18.2-95 provides that if the embezzled money or property is worth $500 or more, the offense constitutes grand larceny, a felony charge. The potential prison sentence for grand larceny can range from one to 20 years. Nonetheless, a judge or jury can prescribe a far more lenient sentence as circumstances dictate, including a jail sentence of up to 12 months, along with a $2,500 fine.
Consult with an Arlington Embezzlement Attorney Today
A conviction for embezzlement may permanently change the course of your life, as you could face a restitution order of thousands of dollars, fines, and even incarceration. You also may lose your job, you may be unable to work in your industry in the future, and you may have a criminal record that can make your life more difficult in various ways. Contacting an Arlington embezzlement lawyer could help you begin the process of building a strong defense to the charges against you.
Embezzlement cases can be complex and involve thousands of pages of documentary evidence. Obtaining legal advice and representation early on in your case may be the best method of fighting back against these criminal charges.
