What is the crime of embezzlement under Virginia Law?

Embezzlement under Virginia law is simply defined as a wrongful taking of money or valuable property, that took place while the offender was entrusted with someone else’s property. This improper taking does not need to benefit the accused, it can benefit some other person. An employee-employer relationship is the most common form of trust that is subject of an embezzlement case.

What is the difference between misdemeanor embezzlement and felony embezzlement?

Misdemeanor embezzlement is charged when the accused has embezzled less than $1000 in value. On a Virginia Misdemeanor embezzlement, the accused faces up to one year in jail and up to a $2,500 fine after a Class 1 misdemeanor conviction. The accused will also be ordered to pay restitution for the value taken.

Felony embezzlement is charged when the value of the embezzled money or property is more than $1000. Felony embezzlement is punished by up to 20 years in prison after a conviction. The accused will also be ordered to pay restitution for the value taken.


Penalty Table for Embezzlement Charges in Virginia

Description of OffenseClassification of CrimeMaximum Jail SentenceMaximum FineRestitution?
Embezzlement < $200.00Class 1 Misdemeanor12 months$2,500.00 FineRestitution
Embezzlement > $200.00Class U Felony20 Years$2,500.00 FineRestitution

Click to Review All Embezzlement Case Results

Felony Embezzlement Investigation and Larceny Charges Results in Non-Prosecution, Return of Seized Cash

FAIRFAX, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: A felony embezzlement investigation with a search warrant that resulted in the seizure of cell phones and thousands of dollars in cash resulted in misdemeanor larceny charges brought against the client. Upon hiring counsel, the charges were non-prosecuted and the seized cash and [...]

Read More
Embezzlement in Virginia: Felony & Misdemeanor Charges, Penalties & Defenses

What is the crime of embezzlement under Virginia Law? Embezzlement under Virginia law is simply defined as a wrongful taking of money or valuable property, that took place while the offender was entrusted with someone else’s property. This improper taking does not need to benefit the accused, it can benefit [...]

Read More
Juvenile Felony Embezzlement in Alexandria VA REDUCED

ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: First offense Felony Embezzlement charge under Va Law 18.2-111 for a juvenile offender was AMENDED and REDUCED to a Misdemeanor and resulted in NO penalties. In the City of Alexandria Juvenile & Domestic Relations District Court at 520 King St, Alexnadria, VA 22314. § [...]

Read More
Felony Embezzlement Second Offense REDUCED, NO JAIL

FAIRFAX VIRGINIA EMBEZZLEMENT DEFENSE ATTORNEY CASE RESULT: Second offense Felony Embezzlement charge was REDUCED to a Misdemeanor and resulted in NO JAIL TIME. County of Fairfax General District Court at 4110 Chain Bridge Rd, Fairfax, Virginia 22030. (Unrelated first offense Felony Embezzlement charge was in Alexandria, and client had a different [...]

Read More
Felony Embezzlement in Arlington Virginia Punished by Time Served

ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Felony Embezzlement investigation for a $40,000+ loss was reduced on agreement and indicted as a lesser embezzlement charge for a lesser value of $1K. Penalty for reduced embezzlement charge was an agreement to time served and restitution only for the reduced amount. This was [...]

Read More
Attorney Representation During Embezzlement Investigation Resulted in NO CHARGES

ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Defense attorney intervention and representation during an Arlington County Police Department’s investigation of a Felony Embezzlement case resulted in NO CHARGES filed against client. § 18.2-111. Embezzlement deemed larceny; indictment. If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, [...]

Read More
Embezzlement by Officer of Public Funds in Alexandria Va Resulted in NO CHARGES

ALEXANDRIA, VIRGINIA: Defense attorney intervention in a police department and prosecutor’s office investigation into allegations of Felony Embezzlement by Officer of Public Funds in Alexandria, under VA Law 18.2-112 resulted in NON-INDICTMENT. Client was saved from public humiliation and the legal costs of being criminally charged and having to fight [...]

Read More
Felony Embezzlement REDUCED & AMENDED to Misdemeanor Unlawful Entry

ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Felony Embezzlement under VA Code 18.2-111 was REDUCED and AMENDED to misdemeanor Unlawful Entry, with 20 days in jail to serve on client’s schedule. Arlington County General District Court District Court at 4125 Courthouse Rd, Arlington Virginia.

Read More
Fairfax Virginia White Collar Felony Corporate Embezzlement Over 113K and Over 4 year period and Felony False Pretenses, Results in 6 Months in Jail

FAIRFAX VIRGINIA EMBEZZLEMENT / WHITE COLLAR CORPORATE CRIMINAL DEFENSE ATTORNEY CASE RESULT: A 4-year Corporate Embezzlement Fraud Scheme totaling over $113,000.00 resulted in a plea deal to just one count of Embezzlement under VA Code 18.2-111 and one count of Fraudulently Obtaining Money by False Pretenses under Va Code 18.2-178. [...]

Read More
Conspiracy to Commit Wire Fraud, Federal Contractor Fraud Case, Sentenced BELOW Guidelines

CRIMINAL DEFENSE ATTORNEY CASE RESULT IN THE ALEXANDRIA VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Plea deal – reducing 11 white collar Federal contractor fraud conspiracy changes down to 1 for Federal Conspiracy to Commit Wire Fraud under 18 U.S.C. § 1343 and 18 U.S.C. [...]

Read More
Alexandria Virginia White Collar Felony Embezzlement and Identity Theft Charges DISMISSED on Insufficient Evidence

ALEXANDRIA VIRGINIA WHITE COLLAR DEFENSE ATTORNEY RESULT: Two White Collar Felony Corporate Embezzlement charges under VA Code 18.2-111 and two Identity Theft charges under Va Code 18.2-186.3 were DISMISSED at the Preliminary Hearing due to insufficient evidence. City of Alexandria General District Court at 520 King Street, Alexandria, VA 22314.

Read More
Virginia Embezzlement Charge REDUCED to Trespass with No Jail TIme

FAIRFAX VIRGINIA CRIMINAL ATTORNEY RESULT: Misdemeanor Embezzlement charge (VA Code 18.2-111) resulted in the AMENDMENT and REDUCTION of the charge to Trespass with just a $100 fine, no jail time. Courthouse: Fairfax County General District Court District Court at 4110 Chain Bridge Rd, Fairfax, Virginia. Read more about Embezzlement Law:Embezzlement [...]

Read More
Felony Embezzlement in Arlington Virginia REDUCED from 3 counts to 1, No Jail Time

ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: White Collar Felony Embezzlement charges, VA Code 18.2-111, for an employee improperly using a credit card issued by an employer, resulted in a reduction of the quantity of charges from 3 to 1, and the remaining charge resulted in an Alford plea (a [...]

Read More
44 Counts of White Collar Felony Embezzlement REDUCED to 4 Counts

ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: 44 possible counts of felony Embezzlement charges (Va. Code 18.2-111) were negotiated prior to the indictment down to just 4 counts. Sentencing Hearing resulted in 9 months of active jail time and an order for payment of restitution. Courthouse: City of Alexandria Circuit Court, [...]

Read More
White Collar Felony Embezzlement w/ NO JAIL, Reduced from Over 100 Possible Charges

FAIRFAX VIRGINIA WHITE COLLAR DEFENSE ATTORNEY’S RESULT: Over 100 possible white collar felonies and check fraud felony charges were negotiated prior to the warrant process into a single count of a Felony Embezzlement (Va. Code 18.2-111). Restitution was negotiated at a fraction of the full amount taken with a contract [...]

Read More
Probation Violation for Felony Embezzlement DISMISSED

VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Probation Violation Charges for Felony Embezzlement and Larceny convictions were DISMISSED. Read more about Embezzlement Law:Embezzlement in Virginia: Felony & Misdemeanor Charges, Penalties & Defenses.

Read More
Confession to Felony Embezzlement Charge REDUCED to a Misdemeanor with NO JAIL in Fairfax Virginia

FAIRFAX VIRGINIA CRIMINAL ATTORNEY RESULT: Felony Embezzlement charge (Va. Code 18.2-111) accompanied by a full confession, was REDUCED to a misdemeanor charge, with NO JAIL TIME. Courthouse: Fairfax County General District Court District Court at 4110 Chain Bridge Rd, Fairfax, Virginia. Read more about Embezzlement Law:Embezzlement in Virginia: Felony & [...]

Read More
5 Counts of Felony Embezzlement Charges REDUCED to just 1 Misdemeanor in Fairfax Virginia

FAIRFAX VIRGINIA ATTORNEY RESULT: Felony Embezzlement charge (Va. Code 18.2-111) with 5 separate acts of embezzlement and a full hand-written confession, was REDUCED to a misdemeanor charge, with only 10 active days in jail. Courthouse: Fairfax County General District Court District Court at 4110 Chain Bridge Rd, Fairfax, Virginia. Read [...]

Read More

Embezzlement is a type of larceny in Virginia. What is larceny?

Larceny is simply the crime of theft. Virginia courts define larceny as the wrongful or fraudulent taking of things of value, belonging to another, without that person or business’ consent, and with the intention to permanently deprive that person or business of the value of the items taken. Grand Larceny is a felony. Petit Larceny is a misdemeanor. They are divided by the value of the items stolen.

  • Felony Embezzlement is a type of Grand Larceny, a Virginia Felony offense punishable by up to 20 years of imprisonment. Felony Embezzlement or Grand Larceny is charged when the value of the theft is greater than $1,000, or if the theft was physically from a person and valued above $5.
  • Misdemeanor Embezzlement is a type of Petit Larceny, a reduced version of Felony Embezzlement or Grand Larceny, that is charged when the value of the embezzlement is below $1,000. Misdemeanor Embezzlement or Petit Larceny is a Virginia Misdemeanor offense punishable by up to 1 year in jail.

Virginia Larceny Lawyer’s Explanation of Grand Larceny, Petit Larceny, Concealment Laws & Penalties


Defenses

Virginia’s courts have held that the mere failure to return property or account for funds, while evidence of a conversion, does not necessarily constitute embezzlement. However, failure to perform an absolute duty to return the property or refusal to account or pay over on demand constitutes embezzlement, or is, at least, evidence from which a fraudulent conversion may be inferred. To constitute embezzlement, fraudulent intent to deprive the owner of his property must be proved beyond a reasonable doubt. Proof of intent is found in the words or conduct of the accused. Intent is a state of mind that may be proved by an accused’s acts or by his statements and that may be shown by circumstantial evidence.

There are a variety of various defenses and reasons for reduction of charges or mitigation of penalty that may apply in your case. Speak to a criminal defense attorney about your case to determine applicable defenses for your unique set of facts.


Embezzlement Sentencing:


Virginia Embezzlement Laws

§ 18.2-111. Embezzlement deemed larceny; indictment.

If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, he shall be guilty of embezzlement. Proof of embezzlement shall be sufficient to sustain the charge of larceny. Any person convicted hereunder shall be deemed guilty of larceny and may be indicted as for larceny and upon conviction shall be punished as provided in § 18.2-95 or § 18.2-96.

§ 18.2-152.8. Property capable of embezzlement.

For purposes of §§ 18.2-95, 18.2-96, 18.2-108, and 18.2-111, personal property subject to embezzlement, larceny, or receiving stolen goods shall include: 1. Computers and computer networks; 2. Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are: a. Tangible or intangible; b. In a format readable by humans or by a computer; c. In transit between computers or within a computer network or between any devices which comprise a computer; or d. Located on any paper or in any device on which it is stored by a computer or by a human; and 3. Computer services.

§ 19.2-223. Charging several acts of embezzlement; description of money.

In a prosecution against a person accused of embezzling or fraudulently converting to his own use bullion, money, bank notes or other security for money or items of personal property subject to larceny it shall be lawful in the same indictment or accusation to charge and thereon to proceed against the accused for any number of distinct acts of such embezzlements or fraudulent conversions which may have been committed by him within six months from the first to the last of the acts charged in the indictment; and it shall be sufficient to allege the embezzlement or fraudulent conversion to be of money without specifying any particular money, gold, silver, note or security. Such allegation, so far as it regards the description of the property, shall be sustained if the accused be proved to have embezzled any bullion, money, bank note or other security for money or items of personal property subject to larceny although the particular species be not proved. And in a prosecution for the larceny of United States currency or for obtaining United States currency by a false pretense or token, or for receiving United States currency knowing the same to have been stolen, it shall be sufficient if the accused be proved guilty of the larceny of national bank notes or United States treasury notes, certificates for either gold or silver coin, fractional coin, currency, or any other form of money issued by the United States government, or of obtaining the same by false pretense or token, or of receiving the same knowing it to have been stolen although the particular species be not proved.

§19.2-245. Offenses committed without and made punishable within Commonwealth; embezzlement or larceny committed within Commonwealth; where prosecuted.

Prosecution for offenses committed wholly or in part without and made punishable within this Commonwealth may be in any county or city in which the offender is found or to which he is sent by any judge or court; and if any person shall commit larceny or embezzlement beyond the jurisdiction of this Commonwealth and bring the stolen property into the same he shall be liable to prosecution and punishment for larceny or embezzlement in any county or city into which he shall have taken the property as if the same had been wholly committed therein; and if any person shall commit larceny or embezzlement within this Commonwealth and take the stolen property into any county or city other than the county or city within which the same was committed he shall be liable to prosecution and punishment for such larceny or embezzlement in any such county or city into which he shall have taken the property as if the same had been wholly committed therein; provided, that if any person shall commit embezzlement within this Commonwealth he shall be liable as aforesaid or to prosecution and punishment for his offense in the county or city in which he was legally obligated to deliver the embezzled funds or property.

Best Lawyers in Virginia - Criminal Defense and DUI Law