Embezzlement Attorneys Fairfax, Northern VA

The offense of embezzlement is a grave criminal offense in Virginia. It is characterized as the fraudulent and wrongful appropriation or conversion of property that has been entrusted to an individual's care or custody for their personal use or gain.

Per Virginia Code Section 18.2-111, the offense of embezzlement can be categorized as either a felony or misdemeanor, contingent on the value of the property in question. If the property's value is below $1,000, the offense is categorized as a Class 1 misdemeanor. This classification entails a maximum sentence of 12 months in jail and/or a fine of up to $2,500. By the law, it is imperative to note that if the value of the property in question exceeds $1,000, the offense shall be deemed a felony punishable by up to twenty years of imprisonment.

The prosecution must demonstrate that the defendant had a fiduciary relationship with the victim and that they deliberately misappropriated property that was entrusted to them to secure a conviction for embezzlement. It is a commonly accepted notion that a fiduciary relationship arises when an individual holds a position of trust or authority over another individual, as is often the case with employees or financial advisors.

There are various defenses at the disposal of individuals accused of embezzlement in Virginia, such as the absence of intent, error, and agreement. The defendant can assert that they lacked the intention to take the property or that they held a genuine belief in their entitlement to use the property.

It is important to note that in Virginia, an individual who has been found guilty of embezzlement may be held accountable not only for criminal sanctions but also for civil liability. The victim can initiate a civil lawsuit against the defendant for damages arising from the embezzlement, including but not limited to the value of the property misappropriated or any other monetary losses.

In Virginia, embezzlement is a grave offense that entails substantial criminal and civil repercussions. It is imperative that, in the event of being charged with embezzlement or being a victim of such a crime, one seeks the counsel of a seasoned criminal defense attorney or civil litigation lawyer in Virginia.

Virginia Code Section 18.2-111 to 118:  Embezzlement and Fraudulent Conversions.