EMBEZZLEMENT IS PURSUED AS A FELONY
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It is important to note that embezzlement will always be pursued as a felony in North Carolina, but a lot will depend on your position in relation to the victim as well as the value or amount taken. North Carolina uses a complex sentencing formula; the actual sentence will depend on factors such as prior criminal history and the value of the embezzled property.
Generally speaking, embezzlement occurs when you use your position as an agent or officer of a corporation, a person holding public office or exercising a public trust, or as guardian, executor, administrator, trustee or fiduciary to knowingly and fraudulently convert or misapply goods or money that have come into your possession to your own use.
CLASS C FELONY If the value of the property is $100,000 or more, a violation of this section is a Class C felony. Even if you have no other criminal convictions, a Class C felony is punishable by a presumptive term of a minimum of 58-82 months of incarceration
CLASS F FELONY If the violation of this section involves money with a value of less than $100,000 or less, a violation of this section is a Class H felony punishable by a presumptive term of 5- 15 months of a suspended sentence or incarceration for first-time offenders. This increases drastically depending on the severity of your criminal record.
CLASS H FELONY White collar crimes such as embezzlement in North Carolina can come with extremely harsh penalties. The can financially and professionally ruin an individual. It is critical to speak to an experienced white-collar criminal defense attorney as soon as possible after you are charged (or if you think you are about to be charged). The attorneys at Plumides, Romano and Johnson have decades of experience defending individuals against these types of allegations. Please contact PRJ law today to consult with one of these attorneys.
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NORTH CAROLINA ARTICLE 18
Embezzlement Of Property Received By Virtue Of Office Or Employment
Embezzlement Of State Property By Public Officers And Employees
Embezzlement Of Funds By Public Officers And Trustees
Embezzlement By Treasurers Of Charitable And Religious Organizations
§ 14-93. Embezzlement by treasurers of charitable and religious organizations. If any treasurer or other financial officer of any benevolent or religious institution, society or congregation shall lend any of the moneys coming into his hands to any other person or association without the consent of the institution, association or congregation to whom such moneys belong; or, if he shall fail to account for such moneys when called on, he shall be guilty of a felony. If the violation of this section involves money with a value of $100,000 or more, the person is guilty of a Class C felony. If the violation of this section involves money with a value of less than $100,000 or less, a violation of this section is a Class H felony. (1879, c. 105; Code, s. 1017; Rev., s. 3409; C.S., s. 4271; 1993, c. 539, s. 1178; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(g).)