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Embezzlement Charges in North Carolina
Embezzlement occurs when a person is put in charge of taking care of assets but then misappropriates the property for their own personal use. This type of misconduct can occur in a wide variety of different forms, including in both personal and business relationships.
Under North Carolina law, a person convicted of an embezzlement charge could face very harsh penalties. Indeed, a North Carolina embezzlement conviction can result in jail time of up to 6 months for crimes involving less than $100,000, and 73 months for crimes involving more than $100,000.
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Larceny Charges in North Carolina
In some cases, embezzlement charges come with larceny charges as well. Under North Carolina’s larceny statute, larceny can be charged as a felony.
If the value of the theft was in excess of $1,000 or if a weapon or the threat of physical force was used during the theft, the larceny may be charged as a felony. A felony conviction could result in a defendant being sentenced to more than one year in jail.
Smaller-dollar larceny offenses may be charged as misdemeanors. While non-felony larceny is a less severe charge, a misdemeanor larceny first offense could still potentially result in serious penalties. As with embezzlement charges, North Carolina prosecutors take larceny charges very seriously.
Understanding the Difference Between Embezzlement and Larceny
Embezzlement allegations are often confusing, as the charges often overlap with larceny. The most important difference to understand is that embezzlement is a crime of misappropriation. It involves taking or depriving a party of the assets that are rightfully theirs, but that was at some point put in your control. For example, if an employee at a Shelby car dealership was given control of a company purchasing account, and then diverted some of the funds to their own bank account, they could be charged with embezzlement.
This is distinct from a larceny charge, as larceny occurs when a person takes money or property without ever being allowed access to it. The two similar crimes can become intertwined in cases involving allegations of felony larceny by an employee, where the employee is alleged to have taken property that they were never given access to or authority to use.
Frequently Asked Questions (FAQs) About Larceny and Embezzlement in Shelby, NC
What should I do if I’m falsely accused of embezzlement or larceny?
- If you have been falsely accused, it’s important to remain calm and avoid making any statements without legal representation. Gather any relevant documents, emails, or records that may help prove your innocence, and contact a criminal defense attorney as soon as possible to discuss your case.
Can I be charged with both larceny and embezzlement at the same time?
- Yes, in some cases, prosecutors may charge an individual with both crimes, especially if the circumstances of the case involve elements of both larceny and embezzlement. However, the final charges will depend on the evidence and whether the prosecution can prove intent and unauthorized possession of the assets.
How does intent affect a larceny or embezzlement case?
- Intent plays a crucial role in both charges. For a conviction, the prosecution must prove that you knowingly took property or funds with the intention of depriving the rightful owner. If there was a misunderstanding, a lack of criminal intent, or an accounting error, your attorney may be able to argue for a dismissal or reduction of charges.
What are the potential defenses against larceny or embezzlement charges?
- Several legal defenses may be available, including lack of intent, mistaken identity, insufficient evidence, or authorization to use the funds or property. An experienced defense attorney will review the details of your case to determine the best strategy.
Can larceny or embezzlement charges be reduced or dropped?
- Yes, charges can sometimes be reduced or dismissed depending on the evidence, the circumstances of the case, and legal negotiations. A skilled defense lawyer can negotiate plea deals, challenge the prosecution’s case, or present evidence that clears your name.
Will a conviction for larceny or embezzlement affect my future employment?
- A criminal conviction for larceny or embezzlement can make it difficult to find employment, especially in jobs that require handling money or sensitive information. However, depending on the outcome of your case, it may be possible to seek expungement to remove the conviction from your record.
Should I speak to my employer or the police before hiring a lawyer?
- No, it is always best to consult with a lawyer before making any statements. Anything you say to your employer or law enforcement can be used against you. An attorney will guide you on how to handle the situation to protect your legal rights.
A criminal charge can impact your future, but the right defense can make all the difference. Contact us now at (704) 396-5155 to discuss your case with our legal team!
How Our Experienced Criminal Defense Attorneys Can Help
At Teddy, Meekins & Talbert, P.L.L.C., our North Carolina criminal defense attorneys have extensive experience handling embezzlement and larceny charges. We have a deep understanding of the relevant criminal statutes and criminal law process. Our team has the skill and experience needed to craft the best available defense strategy on your behalf.
To set up your fully confidential legal consultation, please contact us today. From our office in Shelby, we represent clients throughout the region, including in Lincolnton and Rutherfordton and in all communities in Cleveland County, Lincoln County, and Rutherford County.