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Embezzlement: Penalties and Sentencing

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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.

Embezzlement: Fines and Jail by State

Penalties Vary Greatly by Case! These are General Guidelines Only!

StateAvg. FinesAvg. JailAvg. ProbationOther
Alabamaup to $30,000.00not more than 20 years, no less than 2 yarsVaries by CaseNot Available
Alaskapaying back what was stolen 9 Months-16 months5-10yearsNot Available
Arizona$1 million30 years5 yearsNot Available
Arkansasfine of not more than $500,000 or twice the value of the property involved in the transactionup to 10 years no more then 12 yrsup to 5 yrsNot Available
California0-$10,0000-1 yr.Varies by CaseNot Available
Colorado750three yearsfive yearscommunity service
Connecticut100000MAX 25 yearslifeNot Available
Delaware12000Varies Widely by Case40community service
Floridaunder $300-Up to $500 Fine/ over $300-Up to $5000under $300-60 Days/over $300-Up to 5 Yrs Varies by CaseNot Available
Georgiaup tp 1000 and returning stolen 30 days or more5 years 40 hours C.S.
Hawaii100,000-250,00015-25 years10 years max Not Available
Idahoup to $5,000up to 10 yearsat the court'Not Available
Illinoisdepends on the value of the embezzled propertydepends on the value of the embezzled property5 years possiblecommunity service, restitution
Indiana500 to 1200 dollars plus money paid back1-20 years5 years for mis life for felonyNot Available
Iowa$625 to $62502 years imprisonment or up to 1 year in jail Varies by CaseNot Available
KansasVaries by Caseup to 30 years Varies by Caseforfeiting their assets, relinquishing incriminating information about personal and professional associates, and sacrificing their rights to further relationships with the government or corporate world
KentuckyVaries by Case9.9 monthsVaries by Casea 39.3 percent rate of incarceration for embezzlement
Louisiana5000 to 100000six months minVaries by Casefines and fees up to 200000
Maine25000- 50,000-10000015-25 years10 yearsNot Available
Marylandfine not less than $50 and not exceeding $100 or both plus paying what you stoleup to 4 yearsVaries by CaseNot Available
Massachusetts$25000 fine min5 years in prison min2 yearsNot Available
Michigan$200.00-$50,000.0024-30 month Varies by Case
Minnesotaup to $250000up to 20 years1-3 yearsNot Available
Mississippi2500010 years in pen10 yearsCS
Missouri100.000-250.00010-15 yrs10 yrsCS
Montana2006 months2 monthsresists
Nebraska100.000-250.000Varies Widely by Case10Not Available
Nevadano more then 2000 plus paybackmin of 6 months 5 years Not Available
New Hampshire100,000-250,00010-15 years max5-7 years Not Available
New JerseyVaries by CaseVaries Widely by CaseVaries by Casecharged 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 Mexico300000twenty yearsVaries by CaseNot Available
New York$3000 to $250000 18 months to 20 years24-36 monthsNot Available
North CarolinaNo fine specified4-8 months or 44-92 months if the value of embezzlement is less than $100,000 or more than $100,000 respectivelyVaries 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 Dakota50,000-500,0002-10 years max5 years max CS
Ohiofine is equal to the amount embezzledmin 18 months, max 20 yearsfrom 1 year to 5 yearsNot Available
Oklahoma1,000 - 10,0001 yr - 10 yrsVaries by CaseOrdered to pay restitution to the victim in cases wherein the property is valued at $500 or greater
Oregon$1250 to $375,00030 days in jail to 20 yrs in prisonup to 5 yrsNot Available
Pennsylvania$1700-$250004-6 years3-10 years community service
Rhode Island$500-$50001-15 yearsVaries by CaseNot Available
South Carolinafine in proportion to the embezzlementup to 10 yearsVaries by CaseNot Available
South Dakotain 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’ probationNot Available
Tennessee$2500 to $25,000zero to 30 yearsVaries by CaseNot Available
Texas15000-2500009yrs 12 yrs10 yrsNot Available
Utahmax 200,00015-30 years15-25Not Available
Vermont100,000 max25 years max10 years Not Available
Virginia2500with jury no less than one year no more than twenty, with out jury no more than 12 months Varies by CaseIt is considered the same as Larcen
Washington15015-25 (for over 500 dollars)10cs
West Virginia15.000-50.000-150.000Varies Widely by Case10CS,
Wisconsin$1.3 million to $1.5 million1 to 15 years5 to 11 yearsNot Available
Wyoming100.000 min7-15 years10work program

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