Embezzlement charges are serious charges in the state of West Virginia and across the United States, and these crimes do differ from other types of property theft. In order for a crime to be considered embezzlement, the person stealing the property or funds must have a right to access and manage the property for another individual, and this trust is violated when the party managing the property takes it for themselves. Those that commit these crimes will face harsh penalties if convicted, and these penalties will often directly reflect the monetary value of what they have stolen.
One example of embezzlement in West Virginia would be if a person placed in charge of handling a school sports team’s fundraising was found to be taking some of the funds for his or her own use. Because this person was placed in a position of trust and responsibility over the funds, their crime would be considered embezzlement rather than another type of property theft, and their penalty will be determined by the amount they are charged with taking.
West Virginia Laws And Penalties
In the state of West Virginia, the laws and penalties surrounding embezzlement cases will depend upon the type and value of the property in question. Cases that involve greater property values will be treated more harshly, while cases involving lesser property values will be given appropriate penalties to reflect the crime.
- Property valued at less than $1,000: Those that have embezzled property or funds that are valued at under $1,000 can face a fine of up to $2,500 as well as up to 1 year in jail.
- Property valued at over $1,000: If the property in the embezzlement case is valued at more than $1,000, the person facing charges can be given the penalty of a fine of $2,500 as well as a minimum jail sentence of 1 year that may rise to 10 years. However, the state of West Virginia allows judges to hand out penalties at their own discretion in these cases, and a person could face lesser charges and penalties depending on their individual situation.
West Virginia Embezzlement Penalties
Penalties and charges in embezzlement cases in West Virginia are based on the individual situation as well as the property value amount. The state has certain ranges in which a value may fall under, and these ranges will determine the penalties and charges a convicted person is likely to face in the state.
Typical penalties incurred in West Virginia embezzlement cases are prison sentences, jail sentences, fines, or restitution. Restitution is paid to the victim of the crime in order to repay the funds embezzled, and these fees are ordered in the majority of embezzlement cases. Any or all penalties may be placed on those convicted of embezzlement in West Virginia, and cases are judged on a case by case basis.
Statute Of Limitations On West Virginia
The statute of limitations in the state of West Virginia in cases of embezzlement will vary depending on whether the case is results in misdemeanor or felony charges. Felonies in the state have no statute of limitations, while most misdemeanors will have a statute of limitations of 1 year. This means that these misdemeanor cases will need to be brought to court within 1 year of the crime being committed, where felony charges may be brought before a judge at any time.
Key West Virginia Embezzlement Cases
- Second Former Bonding Employee Arraigned on Charges of Embezzlement – A former agent of a Martinsburg bonding company was arraigned on charges of embezzlement and conspiracy. He and another accomplice are being charged for writing out more than $1.2 million in unauthorized personal bonds from the company over the course of 6 months.
- Martinsburg Man Accused of Embezzlement Also Has Been Charged with Forging and Uttering Checks – A Martinsburg, West Virginia man is being accused of one count of embezzlement after forging checks totaling over $20,000 from his employer Valley College. The man claimed to use the funds in order to pay restitution from a previous embezzlement case.
- 18-year-old Woman Accused of Embezzling from Martinsburg Mall Bon-Ton – A woman is accused of embezzling more than $1,000 in a combination of cash and merchandise from the Bon-Ton store located in the Martinsburg Mall where she worked.
- Caregiver’s Embezzlement Case Suspended – A Washington County caregiver is accused of embezzling over $2,200 from a mental health patient he was in charge of caring for over the course of 2 months.
- Martinsburg Man Accused of Stealing Thousands From Disabled Brother – Over the course of 5 years, a Martinsburg man is being accused of embezzling over $126,000 from his disabled brother after being placed in charge of his care. The man faces one count of felony embezzlement charges.