Virginia Embezzlement Lawyer
A person can be charged with fraud for embezzlement-related offenses. It is very important to find somebody who is experienced locally and in Virginia generally because those lawyers will be able to pick up on the issues will be able to dictate the possible outcomes of this case. If it looks like that the government can prove their case, an experienced Virginia embezzlement lawyer will know how to prepare in order to face a conviction or a charge and what sort of mitigation evidence can be used for the defense.
A Virginia fraud lawyer can help you build a defense, prepare for a trial, and ensure that your rights are protected. There are a variety of factors that go into an embezzlement trial. If you are facing embezzlement charges, it is essential that you consult an attorney who can help you through this process.
Definitions of Embezzlement
There are two definitions of embezzlement. First, embezzlement is the wrongful and fraudulent conversion, use, concealing, or disposing of the property of another with the intent to permanently deprive the rightful owner of the use thereof. Second, it is when such property had been entrusted by someone else by virtue of the defendant’s employment, office, or position. Both scenarios involve situations in which somebody is entrusted with something and they use it to their own use.
The most common part of the statute that is invoked is the second one which is when a property has been entrusted by someone else to the defendant by virtue of the defendant’s employment, office, or position. This would include scenarios in which an employee is entrusted with a credit card, a phone, machinery, a checkbook, or a safe, and uses it in a way to convert the property to their own use. Embezzlement is the stealing or taking of property from a person that has entrusted a person with it. In an embezzlement scenario, the property was given to a person, they were passed possession of it, and somebody gave the person possessed of the item but not the title for it. A person is not entitled to keep that information or to keep that property.
Embezzlement happens when they not only retain possession but the person also converts the title to their own. In terms of the punishment for embezzlement, if the value of the property is $200.00 or more than it is actually a grand larceny scenario which the statute provides punishment for; if it is under $200 then that is embezzlement as a misdemeanor. When the value of the goods is more than $200, then that entails imprisonment of at least a year to 20 years or confinement of up to 12 months in jail and also a fine of $2,500 or combination of both, however, if the judge deems it appropriate.
In order to have any charge or conviction for any type of larceny case, there has to be an intent to permanently deprive the person of that use, meaning when a person took that property that a person was entrusted with, they intended to do that permanently. There has to be an intent to permanently deprive the owner of their property. So, the first thing that would be necessary to show in a defense is that a person’s intent or mindset was to take that property only for a short period of time and to bring it back. There are other charges that can arise out of that, including unauthorized use, for instance, but it is not embezzlement.The first thing is to point out the person’s intent and to show that their intent was not to permanently deprive the employer or instructor of the property.
A very good piece of evidence and a very good defense to have is to be able to show that the accused or the suspects, in this case, had the authority and had consented to take that money or to use that car or to open that safe and get money from it. So, in a scenario in which the accused and the Virginia embezzlement lawyer on their behalf are able to show consent, then that would be a very strong defense to embezzlement. A third defense is to think of scenarios of justification or necessity for the person’s actions. This has to be an extreme circumstance, such as a disaster or a catastrophe, but it is a defense.
Attaining a Lawyer
This is a very serious charge so a person has to have somebody on their side who is experienced. When a person hires somebody who has experienced working in the local area, that a Virginia embezzlement lawyer would be able to easily spot whatever weaknesses are in the case and should be able to predict common issues that would arise, how a Commonwealth attorney would treat them, and how a court would sentence such a case.