Embezzlement

Embezzlement in Virginia occurs when a person wrongfully takes money or property that was entrusted to him or her. A Virginia Embezzlement charge generally results from money or property taken in the course of employment. Money, personal property, and even computer data can be the subject of an Embezzlement charge in Virginia.

Proof of Virginia Embezzlement Charge

Virginia embezzlement charge

To convict an offender of Embezzlement under Va. Code §18.2-111, the Commonwealth must prove that the offender:

  • wrongfully and fraudulently
  • used, disposed of, concealed, or embezzled
  • personal property or money
  • of another person
  • that he or she received for another person or through his or her employment.

The Commonwealth can also charge multiple instances of Embezzlement in a 6 month period as one crime, adding together the value of the property or money embezzled over that time (Va. Code §19.2-223). This usually results in a felony charge based on the value of the property being added into one charge.

Difference Between Virginia Larceny Charge and Virginia Embezzlement Charge

Embezzlement in Virginia is considered a form of Larceny and is punished the same way as Virginia Larceny charges. The difference between Larceny and Embezzlement in Virginia is that Larceny requires that the offender took the property without the owner’s permission, but Embezzlement is a wrongful taking by someone who at one point had permission to exercise custody over the property.

Penalties for Embezzlement in Virginia

A Virginia Embezzlement charge is punished the same way as Virginia Larceny charges. Embezzlement in Virginia (Va. Code §18.2-111) can be a misdemeanor or a felony, depending on the value of the property embezzled.

If the value of the goods embezzled is less than $1,000, the offense is a misdemeanor. It is punished the same way as Petty Larceny under Va. Code §18.2-96. It is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, and restitution (money paid to a victim to replace a monetary loss) is usually ordered.

If the value of the goods embezzled is more than $1,000, the offense is punished as Grand Larceny under Va. Code §18.2-95. Embezzlement of goods more than $1,000 is punished with up to 20 years in prison, a fine up to $2,500, and restitution.