Overview
To sentence an offender in the charge of embezzlement in Virginia under the Code section of §18.2-111, the Commonwealth should have to prove that the offender:
- fraudulently and wrongfully
- used, distributed of, hidden, or embezzled
- private property or money
- of other people
- that he/she received for other people or even though, from his or her employment.
The Commonwealth can do such things and also charge various cases of embezzlement as a felony, because, the offenders commit the crime as a third offense, and when a person attempt such crimes, he/she may consider as a class felony and can be faced with severe penalties include prison for years and a fine as well.
However, if someone attempts a fraud with you, he/she might be considered and charged with the larceny offense and even though, he/she may go through penalties which are assigned for the larceny cases.
So, it’s better to do not make such dishonesty with a person who is given you a property or money of his own, these types of larceny and embezzlement charges may provide you a kind of criminal record which might be staying with your name forever.
Elements of embezzlement
To defend a sentence for the felony crime of embezzlement in Virginia, the administration should have to prove that:
the defendant fraudulently and wrongfully changed, used, hidden or distributed the goods of another person with the intention to forever deny the legal owner of the use of those goods in the future,
the property or goods had been committed by someone else with the help of the defendant or by a value of the defendant’s job, office or status, and
the value of the goods stayed for $200 or more.
If the value of the property is less than $200, the defendant can be convicted of embezzlement as a misdemeanor.
However, when a person has been charged with the offense of embezzlement, he should have to prove himself innocent in a manner to further protect his career and lifestyle. If the court doesn’t manage to prove the person guilty, the person has an opportunity to seeing himself clear out the case.
It is essential to prove the defendant crime in the court, as the judges will never provide a punishment or penalty over the voices only, they need to see the evidence and other witnesses.
Penalty
The penalty for a first-time charge of embezzlement in the form of a misdemeanor, he/she may go through imprison for up to 12 months with a fine of $2,500. If the charge is for the second time offense, he/she may go through 5 to 10 years imprisonment with a fine of $2,500. Though, when the charge is third time offense, the case would be considered as a felony, and the person may go through 20 years imprisonment with a fine of $2,500. These penalties occur under the code section of § 18.2-95, § 18.2-96, § 18.2-152.8.