Elements of Embezzlement in Virginia
Under Virginia law, anyone who is charged with embezzlement offense is deemed guilty of larceny and is subject to sentencing under the Virginia larceny statute. However, before a person can be charged with embezzlement in Virginia, the prosecution must provide evidence to every element of the crime beyond a sensible doubt. Therefore, a person charged with embezzlement offense may be cleared if any part of the crime is in doubt or absent.
Being guilty of embezzlement in Virginia, a person must:
- Fraudulently and wrongfully use, conceal, embezzle, or dispose
- Any money, note, bill, check, draft, bond, order, bill of lading, receipt, or other personal
The property which he got for his employer, bailor, or principal or
- Received by the quality of his office, employment, or trust or
- Was trusted with or was delivered to him by other or by a court, company, or, corporation.
Since all features of the crime must be proven beyond a sensible doubt, one missing piece is enough for a finding of “not guilty.”
For instance, if an individual is proven to have fraudulently and wrongfully disposed of money belonging to another person (sufficient to create the first two features), but that stuff was not entrusted to the individual as described in the third feature, he is actually not guilty of embezzlement and will be proven clear.
If you’ve been convicted with embezzlement charge, you don’t have to try to sort out the complicated gradations of the crime all on your own. An experienced Virginia criminal defense attorney can explain the features of the crime to you in easy English and will evaluate the facts in your case to determine your best possible defense.
Elements of Embezzlement in Virginia – Under the Law
- 18.2-111. Embezzlement deemed larceny; indictment.
“If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, he shall be guilty of embezzlement. Proof of embezzlement shall be sufficient to sustain the charge of larceny. Any person convicted hereunder shall be deemed guilty of larceny and may be indicted as for larceny and upon conviction shall be punished as provided in § 18.2-95 or § 18.2-96.”
There are also different plea bargain options if firm facts are existing and the lawyer handling the matter is expert at negotiating a fair plea bargain.
The possibility of proceeding to the trial exists as well. The job of a great advocate is to provide as many possible options as he can and then present and explain those possibilities so that you can make an informed decision as to how to proceed and express your desired outcome.