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Embezzlement: Penalties and Sentencing
Embezzlement laws form a catch-all legal term that includes the secreting away or illegal appropriation of funds or other items of value that have been entrusted to that individual through concrete or circumstantial evidence exposing this misappropriation of funds. Examples of embezzlement include occurrences when someone is provided access to someone else's money or property with the intent that the person will manage, monitor, and use those funds in the other person's best interests. Embezzlement can happen in a company when someone with access to the funds removes the money in whole or part for their own personal gain. Banks, financial institutes and other professionals can embezzle funds. Individuals caring for and misappropriating family members' funds can also face criminal convictions and serving an embezzlement sentence.
Embezzlement Penalties
In general the embezzlement penalties associated with embezzlement charges and fraud will depend on the type of trust that was assumed or understood as well as the total amount embezzled. Each state also has the right to determine their own specific penalties for embezzlement, however embezzlement from the elderly, from individuals with special needs or from public accounts by elected, employed or appointed officials tend to carry the most significant penalties. These types of cases are typically prosecuted as felony offenses.
Possible Penalties
- Jail time – up to 10 years with the embezzlement of public funds
- Probation
- Significant fines and fees
- Restitution
- Community service
Embezzlement Sentencing
Typically the courts will consider the prior history of the individual along with any mitigating factors that could possibly occur. In some cases, especially if the amount actually embezzled was small and there are mitigating circumstances there may be options for an attorney to arrange alternative sentencing, repayment of the value embezzled as well as paying additional fines an court costs.
Can A Lawyer Help with Embezzlement Charges?
As a felony charge in most cases, getting a criminal defense attorney to represent you as soon as possible is essential. These types of charges can seriously ruin an individuals personal and professional reputation, and having the best legal defense possible is often the difference between reduced or dismissed charges and the maximum sentence. An attorney may also be able to reduce your exposure through the media, as these are often very high profile cases, especially if a public or political figure is involved.
- If you have been charged with Embezzlement Fraud, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Embezzlement: Fines and Jail by State
Penalties Vary Greatly by Case! These are General Guidelines Only!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | up to $30,000.00 | not more than 20 years, no less than 2 yars | Varies by Case | Not Available |
| Alaska | paying back what was stolen | 9 Months-16 months | 5-10years | Not Available |
| Arizona | $1 million | 30 years | 5 years | Not Available |
| Arkansas | fine of not more than $500,000 or twice the value of the property involved in the transaction | up to 10 years no more then 12 yrs | up to 5 yrs | Not Available |
| California | 0-$10,000 | 0-1 yr. | Varies by Case | Not Available |
| Colorado | 750 | three years | five years | community service |
| Connecticut | 100000 | MAX 25 years | life | Not Available |
| Delaware | 12000 | Varies Widely by Case | 40 | community service |
| Florida | under $300-Up to $500 Fine/ over $300-Up to $5000 | under $300-60 Days/over $300-Up to 5 Yrs | Varies by Case | Not Available |
| Georgia | up tp 1000 and returning stolen | 30 days or more | 5 years | 40 hours C.S. |
| Hawaii | 100,000-250,000 | 15-25 years | 10 years max | Not Available |
| Idaho | up to $5,000 | up to 10 years | at the court' | Not Available |
| Illinois | depends on the value of the embezzled property | depends on the value of the embezzled property | 5 years possible | community service, restitution |
| Indiana | 500 to 1200 dollars plus money paid back | 1-20 years | 5 years for mis life for felony | Not Available |
| Iowa | $625 to $6250 | 2 years imprisonment or up to 1 year in jail | Varies by Case | Not Available |
| Kansas | Varies by Case | up to 30 years | Varies by Case | forfeiting their assets, relinquishing incriminating information about personal and professional associates, and sacrificing their rights to further relationships with the government or corporate world |
| Kentucky | Varies by Case | 9.9 months | Varies by Case | a 39.3 percent rate of incarceration for embezzlement |
| Louisiana | 5000 to 100000 | six months min | Varies by Case | fines and fees up to 200000 |
| Maine | 25000- 50,000-100000 | 15-25 years | 10 years | Not Available |
| Maryland | fine not less than $50 and not exceeding $100 or both plus paying what you stole | up to 4 years | Varies by Case | Not Available |
| Massachusetts | $25000 fine min | 5 years in prison min | 2 years | Not Available |
| Michigan | $200.00-$50,000.00 | 24-30 month | Varies by Case | |
| Minnesota | up to $250000 | up to 20 years | 1-3 years | Not Available |
| Mississippi | 25000 | 10 years in pen | 10 years | CS |
| Missouri | 100.000-250.000 | 10-15 yrs | 10 yrs | CS |
| Montana | 200 | 6 months | 2 months | resists |
| Nebraska | 100.000-250.000 | Varies Widely by Case | 10 | Not Available |
| Nevada | no more then 2000 plus payback | min of 6 months | 5 years | Not Available |
| New Hampshire | 100,000-250,000 | 10-15 years max | 5-7 years | Not Available |
| New Jersey | Varies by Case | Varies Widely by Case | Varies by Case | charged with a felony in either a criminal or civil federal or state court system and a 39.3 percent rate of incarceration for embezzlement; |
| New Mexico | 300000 | twenty years | Varies by Case | Not Available |
| New York | $3000 to $250000 | 18 months to 20 years | 24-36 months | Not Available |
| North Carolina | No fine specified | 4-8 months or 44-92 months if the value of embezzlement is less than $100,000 or more than $100,000 respectively | Varies by Case | (http://www.mynorthcarolinadefenselawyer.com/criminal-charges/bad-checks-white-collar/) If the value is over $100,000 then you are facing Class C felony charges that carry a potential sentence of 44-92 months in prison for a first time offender. This is an incredibly lengthy prison term for someone with a clean criminal record. |
| North Dakota | 50,000-500,000 | 2-10 years max | 5 years max | CS |
| Ohio | fine is equal to the amount embezzled | min 18 months, max 20 years | from 1 year to 5 years | Not Available |
| Oklahoma | 1,000 - 10,000 | 1 yr - 10 yrs | Varies by Case | Ordered to pay restitution to the victim in cases wherein the property is valued at $500 or greater |
| Oregon | $1250 to $375,000 | 30 days in jail to 20 yrs in prison | up to 5 yrs | Not Available |
| Pennsylvania | $1700-$25000 | 4-6 years | 3-10 years | community service |
| Rhode Island | $500-$5000 | 1-15 years | Varies by Case | Not Available |
| South Carolina | fine in proportion to the embezzlement | up to 10 years | Varies by Case | Not Available |
| South Dakota | in cases of misuse of public funds greater than $1,000, the penalty is generally a fine equal to the amount embezzled. | Varies Widely by Case | 36 months’ probation | Not Available |
| Tennessee | $2500 to $25,000 | zero to 30 years | Varies by Case | Not Available |
| Texas | 15000-250000 | 9yrs 12 yrs | 10 yrs | Not Available |
| Utah | max 200,000 | 15-30 years | 15-25 | Not Available |
| Vermont | 100,000 max | 25 years max | 10 years | Not Available |
| Virginia | 2500 | with jury no less than one year no more than twenty, with out jury no more than 12 months | Varies by Case | It is considered the same as Larcen |
| Washington | 150 | 15-25 (for over 500 dollars) | 10 | cs |
| West Virginia | 15.000-50.000-150.000 | Varies Widely by Case | 10 | CS, |
| Wisconsin | $1.3 million to $1.5 million | 1 to 15 years | 5 to 11 years | Not Available |
| Wyoming | 100.000 min | 7-15 years | 10 | work program |
Legal Answers
- I am being charged for fraudelently having a business loan approved as my small business has failed. Where can I get help?
- My brother was Charged with Identity Theft for E Mail Hacking to Steal Personal Information, what penalties should he expect?
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- I acted in self defense against an attacker and am being charged with assault. Is there any Assault Defense law?
- What happens if you get caught hacking into a database of a company to get information? What are the penalties for this crime?