Created by FindLaw's team of legal writers and editors | Last updated January 31, 2018
The amount of funds that can be accumulated during a long-term embezzlement scam can be startling. The latest news feeds often contain stories about how a public official or an employee has taken vast amounts of money from the government or a corporation for their own personal use. But embezzlement doesn't have to operate on such a grand scale; it can involve smaller amounts of money and can really impact small businesses. The key elements of this crime involve an individual who has possession of property due to their role or position, who breaches this trust by using the property for their own purposes.
North Carolina's embezzlement statute prohibits various groups of people (administrators, agents, trustees, clerks, trustees, among others) from taking or converting other people's money or property. It's a class H felony, unless the value of the property involved is $100,000 or more; in that case, it is a class C felony, which is punished more severely.
The chart below provides a summary of statutes related to North Carolina's embezzlement laws, including links to important code sections.
Statutes |
Applies to any person exercising a public trust or holding a public office, or who is a guardian, administrator, executor, trustee, or other fiduciary. |
Penalties and Sentencing |
North Carolina uses a complex sentencing formula; the actual sentence will depend on factors such as prior criminal history and the value of the embezzled property.
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Possible Defenses |
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Related Offenses |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Embezzlement is a complex crime where the charges can vary greatly; specific circumstances can trigger federal charges such as if you embezzled from a bank. Given the uncertainty of the charges that you may face, you probably don't want to take any chances on your future. Get information relevant to your case by contacting a local attorney.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many North Carolina attorneys offer free consultations.