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Penalties for embezzlement and your need for an attorney

On Behalf of | Sep 17, 2018 | Criminal Law

Perhaps you work for a government-funded organization or are provided investments from donations to use solely for your position. Yet you make decisions that seem as though you use some of the funds to supply your own needs. Depending on the severity of the poorly-allocated money, you could face embezzlement charges that land you in debt or prison.

Embezzlement constitutes a serious crime in North Carolina. Should you face charges, significant penalties arise if a court finds you guilty of using your company or another individual’s funds for your personal use. It is essential, if you face an accusation of embezzlement, that you hire an experienced criminal defense attorney to aid you in lessening and avoiding punishments.

Those eligible for committing embezzlement

Embezzlement occurs when an eligible individual:

  1. Fraudulently, knowingly or willfully misapplies or converts to his or her own use; or
  2. Takes, with the intent to embezzle, the following monetary funds:
  • Bank notes
  • Checks
  • Money
  • Treasury notes or warrants
  • Bonds

These funds will have belonged to corporations or individuals that trust this individual to allocate this money correctly.

For a court to charge you with embezzlement, you must fall into the following categories. You currently:

  • Exercise a public trust
  • Hold public office
  • Are a guardian, administrator, executor, trustee, or any other fiduciary
  • Are an officer or agent of a corporation, consignee, clerk, or servant

North Carolina holds true that those eligible for committing embezzlement crimes include individuals that should take precautionary care in legally allocating funds for their organization or another individual. The court recognizes that if you do not abide by all rules with government-funded or another’s estate money, it may subject you to serious fines.

Embezzlement punishments in North Carolina

Should you hold no current criminal record, upon a charge for embezzlement, you may face up to 5 to 6 months in prison if a court finds you guilty.

If your embezzlement crimes indicate your careless use of another’s funds of more than $100,000, a court may find you guilty of committing a Class C felony. The punishment for a Class C felony includes 5 to 6 years in prison.

Should you face an embezzlement charge, you must contact a knowledgeable attorney to help you develop a sound case to avoid conviction. As prison sentences may drastically alter your life, and the assigned conviction of a felony could damage your career, embezzlement charges require serious preparation before heading to court.

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