How can you beat embezzlement charges in Virginia? The best way to successfully navigate the challenges of embezzlement charges is by hiring a criminal defense lawyer. These charges have severe legal ramifications that vary based on the value of property or money misappropriated.

According to the Federal Trade Commission, nationwide losses from fraud and embezzlement surpassed $10 billion in 2023. Consequently, the criminal justice system has made efforts to hold individuals accountable.

Facing embezzlement charges requires understanding the defense strategies you can use to fight the allegations. Let’s explore the best ways to establish a strong Virginia embezzlement defense.

How Embezzlement Charges in Virginia Work

The state of Virginia defines embezzlement as the unlawful taking of property or misappropriation of funds. The state punishes embezzlement with the same statutes that apply to larceny.

The severity of the sentences or fines, if a defendant is guilty, will vary based on the value of what they embezzled. For instance, if the value of items is less than $500, you may face a misdemeanor charge. However, if the value of the items is greater than $500, the charges will fall under grand larceny.

The punishment for the misdemeanor charge is 12 months in prison or a fine not exceeding $2,500. You will likely face harsher penalties if the value of the items expropriated is higher. A good criminal lawyer can help you understand the intricacies of your case and develop a strategy that protects your rights.

You may face embezzlement charges if the state deems that you did the following:

Fraudulently used property that was in your possession
Converted the items for personal benefit or use
Intentionally concealed, converted, or used the items

The state must prove the allegations of embezzlement have supporting evidence. A criminal defense lawyer can help you cast reasonable doubt on these allegations and beat the charges.

Legal Challenges Associated With Embezzlement Charges

These charges have various legal ramifications that can adversely affect your life. Getting legal help for embezzlement charges ensures you come up with a solid defense. Apart from the harsh penalties, misappropriation charges will permanently appear on your criminal record if you get convicted.

These charges are usually not expunged or sealed; anyone can see details of what you did. This may limit your ability to get employed, housing, or even pursue professional licenses.

The charges may still appear on your record even if they get dropped. A Virginia criminal lawyer can help you get the charges expunged from your record. The attorney does this by meeting the following conditions:

Winning the case by proving you aren’t guilty
Getting the case dismissed by the Commonwealth Attorney’s Office
Petition the record to get expunged if you’re a victim of identity theft

You may also face financial repercussions if convicted of embezzlement. The judge may order you to pay restitution or a fine.

Defense Strategies Against Embezzlement Charges

According to the Virginia Law, the proof needed to convict anyone of embezzlement must also be sufficient to support the charge of larceny. Fortunately, there are various defense strategies a criminal defense lawyer can use to help you.

Some of these strategies are:

Intent and Authorization

A lawyer can argue that you acted in good faith and did not intend to embezzle. Moreover, the lawyer can establish that you had authorization to make illegal decisions.

You can also argue that you were following your employer’s instructions. A criminal defense lawyer can also help prove that you tried to take corrective actions if you realized you made a mistake.

Coercion

If forced into swindling funds or property, a lawyer can help you win your case. It will involve gathering evidence to show you were either threatened or coerced into stealing.

Constitutional Defense

You can also use a constitutional strategy to argue that the prosecutor unlawfully obtained evidence. A lawyer can ensure that any illegally obtained evidence is not used in the case. Cross-examining witnesses can also reveal weaknesses in their testimony.

Negotiating and Arguing Based on Insufficient Evidence

A criminal defense lawyer can negotiate plea agreements for reduced charges. Doing so can reduce the penalties you may face if convicted. Downgrading the charges to a misdemeanor ensures you don’t go to prison.

Further, a lawyer may be able to help you avoid convictions entirely if you’re a first-time offender by seeking a pretrial diversion program. The defense strategy chosen will depend on the particular facts about your case.

Lawyers are experts at showing the court that there is insufficient evidence to warrant a conviction. For example, they can expose gaps in the prosecutor’s case and even gather evidence to refute the allegations.

Role of a Criminal Defense Attorney in An Embezzlement Case

According to the United States Sentencing Commission, over 4,900 people were convicted of theft and fraud. A lawyer’s primary role is to improve your chances of winning any case. The attorney will provide you with counsel on what to do and how to protect your rights.

Criminal defense lawyers understand the legal procedures that guide how cases work. Therefore, they leverage this knowledge to protect you against mistakes, violations, or decisions that might unfavorably impact the outcome.

Some of the roles lawyers perform in embezzlement cases include:

Gathering evidence
Presenting mitigating factors or circumstances to persuade the court on your behalf
Reviewing evidence held by the prosecutor and challenging it
Getting an embezzlement charge reduction

A renowned lawyer also has excellent negotiating skills that are instrumental in improving your chances of winning. They can argue on your behalf both in court and when meeting other parties in the case. Getting legal representation is crucial to creating a good defense and ensuring you don’t make missteps that hurt your interests.

Get a Criminal Defense Lawyer for Embezzlement Charges Today

A criminal defense lawyer can make all the difference if you face embezzlement charges in Virginia. A lawyer can help use various legal tools and strategies to fight embezzlement charges in court.

Kearney, Freeman, Fogarty, and Joshi have navigated the complex legal landscape for over 30 years. Whether a personal injury attorney or a car accident lawyer, our attorneys are highly specialized and will tailor their approach to provide you with the best legal aid.

How to Beat Embezzlement Charges in Virginia