Does a cashier commit embezzlement when she steals from the cash register?

Talk to a Criminal Defense Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small
Related Ads

Question:

I used to work at a small grocery store in New York.  I just got fired a few days ago because I got caught stealing $1500 from the cash register over the month I worked there.  I confessed to the store police after they told me that I could be charged with embezzlement under New York law.  I gave them back the money and they fired me, but I was not arrested for anything yet.  Can I be charged with embezzlement?

Answer: (1)

Although you technically could be charged with embezzlement under New York law, it seems unlikely – especially since you were not turned over to law enforcement on the day of the theft.   The store management is probably satisfied to have the money back and you no longer employed there.  However, you should be aware that you did indeed embezzle – you willfully took the store’s money or property without permission, of which you acquired possession lawfully by reason of your employment.

Although New York law lumps embezzlement and larceny together in the same criminal statute, the difference between embezzlement and larceny (theft) is that larceny is the taking of another’s property without the owner’s consent when the thief did not have lawful possession of the property.   If a customer takes money from a cash register, that’s larceny.  When you did it, it was embezzlement.  You could have been charged with grand larceny in the fourth degree (NY Penal Law 155.30), a Class E non-violent felony with permissible sentences for first time offenders ranging probation to up to four years in prison.

Please Log in to answer questions.
This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

LA-WS4:0.9.17.120208.12696+