Virginia Embezzlement Laws

Created by FindLaw's team of legal writers and editors | Last reviewed May 30, 2018

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Embezzlement is a specific form of larceny (equivalent to theft) that involves an unlawful taking or fraudulent use of another person's property. The difference between embezzlement and other forms of larceny is that embezzlement is a breach of faith 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.

Virginia Embezzlement Laws at a Glance

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.

Statutes
  • Va. Code Ann. Section 18.2-111 (embezzlement deemed larceny)
  • Va. Code Ann. Section 18.2- 95, 18.2-96 (penalties)
  • Va. Code Ann. Section 18.2-152.8 (property capable of embezzlement)

Elements of the Crime

In Virginia, an individual commits embezzlement when:

  • 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
  • The property had been entrusted to them due to their employment, office, or position.

Penalties and Sentencing

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.

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) will impact the punishment.

Money or property valued at less than $200:

  • Classified as a misdemeanor, punishable by up to 1 year in jail, a fine up to $2,500 or both.

Money or property valued at $200 or more:

  • Classified as a felony, punishable by incarceration with a range of 1-20 years.

Possible Defenses
  • Lack of intent
  • Duress
  • Entrapment
  • The defendant acquired the property under a claim of right in good faith.

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.

Virginia Embezzlement Laws: Related Resources

Discuss Embezzlement with a Criminal Defense Attorney

An embezzlement conviction will cause havoc in your life due to possible incarceration, hefty fines, and the toll that it will take on your reputation. With so much at stake, don't risk your future without discussing your case with a local criminal defense attorney who can work to minimize the damage.

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