The criminal charge of Embezzlement is contained in §18.2-111 of the Virginia Code. Embezzlement is the wrongful taking, concealment or fraudulent use of money, personal property or goods of another. The items must be taken by one in a position of trust or fiduciary duty. Typical examples include money taken by an employee of a corporation, or funds converted from a bailor. As with any criminal charge, the government bears the burden to prove the defendant guilty beyond a reasonable doubt. The government must demonstrate that the defendant had the requisite intent, or mens rea, to deprive the owner of the property.
The criminal charge of Embezzlement is punished the same in Virginia as Grand Larceny or Petty Larceny. Generally, if the amount alleged to be stolen is less than $200, the offense is deemed to be misdemeanor petty larceny under §18.2-96. Any amount $200 or more is considered felony Grand Larceny under §18.2-95.
Grand Larceny is punishable by imprisonment in a state correctional facility for a minimum of one year up to a maximum of twenty years. However, a jury or court trying the case without a jury, may impose confinement in jail for a period not exceeding twelve months, and/or a fine of not more than $2,500.00. Petit Larceny is classified as a Class 1 misdemeanor. It is punishable by confinement in jail for zero to twelve months, and/or a fine of up to $2,500.00.
Attorney Yeargan aggressively defends those charged with Embezzlement and other crimes. These types of charges are complex and require experienced representation. Attorney Yeargan will work closely with you to evaluate the facts of the case and develop a successful strategy for your defense. The Law Office of Wilfred W. Yeargan represents clients in the following areas: Fairfax County, Prince William County – Manassas, Arlington County, Loudoun County – Leesburg, Alexandria, Falls Church, Vienna, Herndon, Fauquier County – Warrenton, Spotsylvania County and Warren County – Front Royal. Contact his office today at 703-352-9044 to schedule a free initial consultation.