North Carolina Criminal Law Updates
Crimes of theft or dishonesty carry the potential for long-term consequences, especially considering how they may affect the ability to find and keep a good job. That is especially true for offenses involving larceny by employee, abuse of a position of authority or trust, and embezzlement charges.
While very similar to misdemeanor or felony charges involving larceny or “theft,” embezzlement provides for an enhanced punishment for the illegal conversion of assets.
In fact, for offenses involving $100,000 or more, the North Carolina criminal law under Chapter 14 allows for punishment as a Class C felony, which is more serious than armed robbery charges.
We strongly encourage potential clients to speak with legal counsel before giving a statement or even meeting with law enforcement. Obtaining sound legal advice, prior to being charged, may be critical, especially when the allegations of embezzlement involve the diversion of substantial assets that may mandate active prison terms – Danny Glover, Criminal Defense Lawyer
Embezzlement Law in North Carolina
The maximum period of incarceration (prison) for an aggravated Class C felony is 231 months in the custody of the North Carolina Department of Public Safety, Division of Adult Corrections or “DAC.” That’s just over 19 years in prison!
Obviously, each case, like each client, is different. That’s one reason it makes sense to seek legal representation without delay if you face the possibility of criminal charges for embezzlement or another serious felony.
What is embezzlement in North Carolina?
Embezzlement charges are normally referred to as a Financial Crime and may be prosecuted by the District Attorney’s Office for violations of Article 18 of N.C.G.S. Chapter 14. There are several different types of embezzlement in North Carolina, that may relate to a position of trust associated with employment, or serving as a treasurer for a religious group or other nonprofit organization, and even against public officers or employees of the State.
Embezzlement is also subject to federal prosecution by the United States Attorney for violations of the U.S.C. United States Code as a federal offense. In both state and federal charges, embezzlement is considered a type of fraud.
In general terms, embezzlement is when someone misappropriates an asset, which may include money, personal or real property, or other items of value, that is owned by an employer, business, governmental entity, or person who trusted the Defendant with the asset. It also may include conversion of an asset and does not necessarily require the intent to permanently deprive.
Make no mistake, embezzlement is a felony in North Carolina.
What is the difference between Larceny and Embezzlement?
Frankly, it can be a bit confusing, especially if an employee is charged with both taking items and misappropriating an asset through abuse of their position within the organization. One primary difference involves the Common Law offense of trespass.
Both larceny and embezzlement involve the unlawful taking the property of another. Larceny is traditionally related to a trespass against another, meaning they took or stole something of value. People accused of larceny do not have the lawful authority to take or possess the item.
Embezzlement is slightly different, where the accused may have been entrusted with the asset and because of that “position of trust or authority” converted it for their own, unlawful purpose.
Employees and those entrusted with assets have different reasons for committing the offense, often not realizing what they’re doing may constitute a very serious felony or have every intent of someday pay it back – Danny Glover, Defense Attorney
Because embezzlement charges often involve a broken relationship, one that involved trusting the person accused, they can be emotional affairs in court. Put simply, victims of crimes of fraud and theft often feel personally betrayed or hurt, which can add to the complexity associated with preparing a defense strategy and plea negotiations.
Danny Glover – Criminal Defense Attorney
Before doing anything, we recommend you immediately seek advice from an experienced criminal defense attorney. At the Danny Glover Law Firm everything you tell us as part of the consultation is strictly confidential. Unlike other areas of law, we provide a FREE CONSULTATION in all criminal matters in both State and Federal Court.
You may reach Danny Glover by email at Danny@DannyGloverLawFirm or CALL NOW: 252-299-5300