Embezzlement LawyerEmbezzlement Lawyer

Searching for a Virginia embezzlement lawyer is never easy.  One of the most important traits of an attorney that practices in this field is that they have a background as a criminal attorney, licensed to practice law in Virginia.  As a former state prosecutor and criminal attorney with a decade of experience, attorney Beau Correll can competently defend individuals either charged or under suspicion of committing embezzlement.

Mr. Correll has also spoken publicly about the various types embezzlement to small business owners.

What is “embezzlement?”

Being criminally charged with embezzlement is a very serious matter.  The most relevant section of that charge states, “[i]f any person wrongfully and fraudulently … embezzle[s] any money … or any other personal property … for his employer … he shall be guilty of embezzlement.”  Va. Code § 18.2-111.

Federal and State Laws Governing the Trucking Industry

The trucking industry is heavily regulated and one of the most common legal grounds that form the basis of personal injury claims is a violation of those laws. There are many federal trucking laws that regulate the industry, and they are complex. 

For example, 23 CFR Section 658.17 prohibits any vehicle to operate with a weight of more than 80,000 pounds. Overloaded trucks are much more difficult for even skilled drivers to start, stop, and steer. When trucks are overloaded, or they are not properly loaded, it causes the balance of the truck to shift, which can cause a catastrophic truck accident.

One of the most well-known federal trucking laws is the hours of service rule. This rule is actually a set of requirements for how long a truck driver can remain on the road at one time, when they can take breaks, and the length of the required break. The Federal Motor Carrier Safety Administration (FMCSA) also regulates the inspection, repair, and maintenance of trucks.

State trucking laws are governed by the Virginia Department of Public Safety, an agency that has adopted many sections of the FMCSA safety regulations. While some sections, such as the hours of service rule, are largely the same under state law, there are some differences. It is important to speak to a Winchester truck accident attorney that is well-versed in these laws. If a state or federal law was broken and caused an accident that resulted in your losses, the illegal act forms a strong basis for your truck accident claim.

Mr. Correll has also spoken publicly about the various types embezzlement to small business owners.

What is “embezzlement?”

Being criminally charged with embezzlement is a very serious matter.  The most relevant section of that charge states, “[i]f any person wrongfully and fraudulently … embezzle[s] any money … or any other personal property … for his employer … he shall be guilty of embezzlement.”  Va. Code § 18.2-111.

If the amount in controversy is for more than $200.00, it is charged as a felony.  If the amount is less, it’s charged as a misdemeanor.  See Va. Code § 18.2-111.

What are the penalties for being convicted of felony embezzlement?

As previously stated, felony embezzlement is a very serious matter.  Va. Code § 18.2-95, which governs the penalty-phase of felony embezzlement states that it is, “punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $ 2,500, either or both.”

EMBEZZLEMENT DEFENSES

There are many types of potential defenses, should the facts support such defenses, to a criminal embezzlement charge.

For example, using moneys and property of employers may be consensual but there may be a geniuine dispute as to the limits of consent.  In several cases that we have has experience with, individuals have been accused of embezzlement due to poor corporate internal controls that lead to either accounting or human error.  There can obviously be many defenses to embezzlement but those defenses are driven by the facts and must be analyzed by a criminal lawyer.

On a case-by-case basis, Mr. Correll may recommend the services of an expert, such as a forensic accountant.  Should this be suggested, options will be discussed with potential clients.

I do hope that this general information proved helpful in learning about a criminal embezzlement charge.

Fill out the form at right and we’ll return your inquiry or call us at 540-535-2005

Sincerely,

Beau Correll
Winchester Criminal Attorney
Member, Virginia Trial Lawyer’s Association