Legal Question in Criminal Law in Virginia
Embezzlement
In the state of Virginia, if someone is charged with embezzlement of company funds ($32000 - $35000) for personal use and signs a confession upon questioning, what type of punishment are they looking at? This would be a first offense, with a clean background. Would there ever be an option for the individual to not do any time? Perhaps, an opportunity to pay back the money which was embezzled (along with a stiff probation)? What would you say would be the individual's best & worst case possibilities (assuming guilt is proven or guilty plea is entered)?
2 Answers from Attorneys
Re: Embezzlement
In the Commonwealth of Virginia, I would expect that upon conviction for a felony charge of grand larceny or similar offense involving the amounts of money which you've referenced, that it would be quite unlikely for the defendant to get off with just supervised probation with conditions. More likely, is that based upon the Virginia sentencing guidelines(which take into consideration the defendant's past record, if any), the person so convicted would have to spend at least one to two years in the penitentiary with the balance of the prison time suspended and then fully comply with all probationary conditions which would undoubtedly include, among other things, a very substantial restitution requirement
Re: Embezzlement
The penalty for embezzlement in Virginia is up to 20 years' imprisonment. It is most unlikely that an individual with no prior record would be imprisoned for that length of time, but some prison time is likely. Among the factors to consider are, the place that the offense occurred, whether the particular county uses sentencing guidelines, and of course all of the facts and circumstances surrounding the offense.
An attorney who practices in the jurisdiction in question would be your best source of information.
Richard S. Stolker
301-294-9500
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