{"id":376949,"date":"2018-05-30T17:19:57","date_gmt":"2018-05-30T22:19:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-embezzlement-laws.html"},"modified":"2018-05-30T17:20:24","modified_gmt":"2018-05-30T22:20:24","slug":"virginia-embezzlement-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-embezzlement-laws.html","title":{"rendered":"Virginia Embezzlement Laws"},"content":{"rendered":"\n
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Virginia Embezzlement Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Embezzlement is a specific form of larceny (equivalent to theft<\/a>) that involves an unlawful taking or fraudulent use of another person's property. The difference between embezzlement<\/a> and other forms of larceny is that embezzlement is a breach of faith<\/i> offense. In other words, the perpetrator has possession of the property because of their job or relationship, but doesn't have actual legal ownership of the property. During the possession of the property, they take the property or use it for their own personal benefit. A common example of embezzlement is employee theft, such as when a salesperson pads their expense account or a server takes money from the cash register.<\/p>\r\n

Virginia Embezzlement Laws at a Glance<\/h2>\r\n

Reading a statute in its entirety is worthwhile, but is best handled by an attorney who has the proper training to understand the full meaning of the text. However, a non-attorney can get the essence of the law by reading a condensed version written with common terms. See the chart below for an overview of Virginia's embezzlement laws.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Elements of the Crime<\/b><\/p>\r\n<\/td>\r\n

In Virginia, an individual commits embezzlement when:<\/p>\r\n

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  • The individual wrongfully and fraudulently converts, uses, conceals or disposes of any money, bill, draft, check, or other personal property that belongs to another person, and<\/li>\r\n
  • The property had been entrusted to them due to their employment, office, or position.<\/a><\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Penalties and Sentencing<\/b><\/p>\r\n<\/td>\r\n

Because embezzlement is a form of larceny, it's penalized the same way as Virginia's grand larceny and petit larceny offenses. The main factor for a sentence determination is the amount of money or the cash value of the property taken.<\/p>\r\n

Defendants may also have to pay restitution to the victim. Other factors such as whether the defendant has a previous record (especially a criminal history that involves other forms of theft or fraud<\/a>) will impact the punishment.<\/p>\r\n

Money or property valued at less than $200:<\/b><\/p>\r\n

Possible Defenses<\/b><\/p>\r\n<\/td>\r\n