White collar crimes are offense which are nonviolent and are motivated by financial gain. Under Virginia Law, embezzlement can be defined as a wrongful money taking or valuable property, which took place while the criminal was entrusted with someone else’s property. This improper taking cannot benefit the accused but it can benefit the other person. The relationship between employee and employer is the most common form of trust which is the subject of an embezzlement case. If you are facing charges for embezzlement or any other white-collar crime, contact the experienced Shenandoah Virginia embezzlement lawyers as soon as possible.
Embezzlement is different because the individual who took the cash or assets actually had consensus to have temporary ownership of the taken goods. Though the embezzler was trusted to hold or manage the money or possessions, they decided to permanently deprive the legal owner. For instance:
- Robbery occurs when a client takes money from a store register.
- Embezzlement follows when a store worker who is allowed to handle the money in the cash register takes some of that money.
Difference among Misdemeanor and Felony Embezzlement
Misdemeanor embezzlement is charged when the accused has embezzled less than $200 and felony is when the valued of embezzled money is more than $200. For Class 1 misdemeanor embezzlement, the accused faces a jail time of one year and a fine of $2,500.Felony embezzlement has a punishment of 20 years’ time in jail after a conviction. Contact expert Shenandoah Virginia embezzlement lawyers and discuss your case and protect your rights and reputation
For securing the conviction of felony embezzlement in Virginia the government must prove that:
- The offender deceitfully converted, concealed or disposed the property of another with the intention to permanently deprive the owner from its use.
- The property had been trusted by someone else to the offender by virtue of offender’s employment, position or office
- The value of the property was $200 or more.
If the property is less than $200 of value, the offender can be charged with misdemeanor embezzlement. In case you have been charged with embezzlement or any form of robbery including grand theft in Shenandoah Virginia, you need to seek the legal advice of an experienced Virginia embezzlement lawyer.
Defenses to Embezzlement
There are several technical defenses to embezzlement charges in Shenandoah Virginia. There are a variety of ways for embezzlement defense which includes:
- Lack of intent
- Lack of knowledge
- Consensus of property owner
- Consensus of employer
- Bona fide claim of ownership
- Insufficient financial control
Though, embezzlement cases can be very complex and might require extensive inquiry to declare a proper defense. Therefore, it is imperative to consult with an embezzlement lawyer who is experienced in embezzlement and other white-collar offenses. In every case, the result depends on the evidences and conditions of the charge. Even if the government can meet its burden, an experienced embezzlement lawyer in Shenandoah, Virginia, can work with the prosecutor’s office to avoid accusation, decrease the charge, or dismiss the charge.