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Virginia Embezzlement Penalties

Embezzlement under Virginia law is theft by an employee. Embezzlement is theft that carries additional elements that a person who committed the theft is employed by the person they stole from or the entity that they stole from.

Embezzlement charges are from situations where someone is employed by an individual or a company whether it be a Fortune 500 company or just a small company that does business locally. Any employee can be charged with embezzlement if they steal from their employer and it is that simple. Stealing from an employer is considered embezzlement. An experienced embezzlement lawyer can help you plan your defense in consideration of your desired outcome.

Types of Embezzlement Crimes

The most common example of embezzlement occurs where a person is working for a retail outlet in the role of a cashier and that person either skim money out of the cash drawer. Another thing is where a person conducts fraudulent returns to credit either by themselves or a loved one or a family member.

This type of transaction usually occurs when the person is committing the embezzlement and conducts a transaction on the cash register to credit either their credit card, their loved ones’ credit card, or perhaps creating gift cards for that person using items that were already in the store’s inventory but they claim that they were executing a return transaction.

In that case, they scan the item that had never left the store claiming it is being returned by somebody and then that person’s credit card is accredited with the amounts or value that the item is worth.

Legal Penalties in Virginia

In Virginia, an individual can be charged with misdemeanor embezzlement or felony embezzlement. Misdemeanor embezzlement involves embezzlement where the loss amounts are less than $200. If a person is charged with and convicted of a misdemeanor embezzlement charge then the maximum penalty that the person can face is one year in jail and a $2,500 fine. However, if the amount of the loss to the victim is an excess of $200, they will be charged with felony embezzlement. Felony embezzlement is a theft crime that can carry a penalty up to 20 years in prison.

The immediate consequences, of course, is that the person is going to lose their job; in fact, most folks lose their job after they are charged but if they are found not guilty they might be able to get that job back. In addition to a loss of employment, people, particularly in high-value cases, where it is charged as a felony and the lost amount is considered extreme, might be facing active jail or prison time.

Virginia Sentencing

The most notable factor in Virginia sentencing for embezzlement charges is the amount of money that is taken. If the alleged embezzlement crime is over $200, the penalty will be charged as a felony and taking it one step further. The Virginia sentencing guidelines account for the lost amount in embezzlement cases when determining the sentencing guideline recommendations for a sentence upon conviction of an embezzlement crime.

The loss amounts are the most important element when a court considers an appropriate sentence for embezzlement. In addition to that, if a person has a previous criminal record, particularly one that involves other types of theft or a fraud, then one can expect the courts take the position that a harsher sentence is appropriate.

Embezzlement Conviction

After someone is convicted of embezzlement in Virginia, they are likely to be placed on some kind of probation regardless of whether the person has active jail time to serve. Beyond that, it would be extraordinarily difficult to gain any kind of future employment where money handling is involved. If you are facing embezzlement penalties in Virginia, a skilled embezzlement lawyer can stand by your side as you plan for your future.