Embezzlement is the wrongful conversion of another person’s property by a person who was given access or control of the property.

There are various larceny crimes that apply when it comes to embezzlement. The crimes listed below show the various elements of the crimes and the punishments upon conviction of the crimes as required by statute. The State must prove each element of the crime beyond a reasonable doubt in order to obtain a conviction.

Understanding the potential consequences of a larceny conviction is crucial. Beyond the courtroom, such a conviction can have significant impacts on your personal and professional life. Here’s a breakdown of what you might face:

Legal Consequences

• Jail or Prison Time: Depending on the severity of the offense, you may face incarceration.
• Probation: Instead of or following jail time, you could be placed on probation.
• Community Service: Courts often mandate community service as part of sentencing.
• Restitution: You may be required to pay the victim back for their loss.
• Fines and Fees: Financial penalties can include court costs and supervision fees.
• Permanent Record: Convictions can be difficult or impossible to expunge, impacting you long-term.

Social and Practical Implications

• Employment Challenges: A criminal record can make it difficult to secure a job.
• Housing Difficulties: Finding housing may become a challenge with a conviction on your record.
• Professional Licenses: Certain licenses can be revoked, affecting your career.
• Child Custody and Visitation: Convictions can influence family court decisions.

Reputation and Stigma

Being labeled a thief can tarnish your reputation, leading to social stigma. Just the accusation can create significant stress and embarrassment.

Severity of Punishments

The severity of the punishment can vary substantially. For example, felony larceny carries more severe penalties than misdemeanor larceny. If convicted of a serious larceny charge, such as Larceny by Employee with property valued at $100,000, it could be classified as a Class C Felony, resulting in a lengthy prison sentence.

In sum, the repercussions of a larceny conviction extend far beyond the courtroom, impacting various aspects of life. Understanding these potential outcomes highlights the importance of addressing such charges with the seriousness they warrant.

What is Larceny and How is it Defined?

Understanding Larceny: Definition and Key Elements

Larceny is a criminal offense involving the unauthorized taking of another person’s property with the intent to permanently deprive them of it. Unlike accidental misplacement or borrowing, larceny is a deliberate act where the perpetrator knowingly commits a wrongful deed.

The Intent Behind Larceny

At the heart of larceny is the concept of mens rea, a legal term from Latin that translates to “guilty mind”. This means that the individual committing larceny intends to commit theft and understands the unethical nature of their action.

Forms and Classifications of Larceny

Often equated with theft, larceny includes both felony and misdemeanor charges, distinguished by factors such as:

• Value of the Property: Higher value typically classifies the crime as a felony.
• Type of Property Stolen: Items of certain significance or specialty may influence the charge.
• Circumstances of the Crime: Contextual elements surrounding the act, such as location or method used.

Criminal defense professionals sometimes refer to larceny as a “crime of dishonesty” due to its deceptive nature.

Variation by Jurisdiction

The classification and consequences of larceny can vary widely depending on local laws. For example, in North Carolina, the severity of the charge can shift based on the specific scenario and property involved, emphasizing the unique nature of each case.

Understanding these elements ensures you recognize the seriousness of larceny and what it entails in a legal context.

Embezzlement

Elements

A person is guilty if they:

1. Fraudulently, knowingly, or willingly
2. Used for a purpose other than that for which the defendant received it
3. The property of another
4. Held by the defendant under their care

Punishment

The punishment for embezzlement is a Class C felony if the value of the property is over $100,00 under N.C. Gen. Stat. § 14-90(c). The punishment for embezzlement is a Class H felony if the value of the property is under $100,000 under N.C. Gen. Stat. § 14-90(c).  This crime may not be charged against a defendant who is under 16 years old.

Larceny by Employee

Elements

A person is guilty if they:

1. Are an employee and
2. 1. Willfully go away with a thing of value; or
   2. Willfully embezzle or convert for their own use a thing of value
   3. Entrusted to the employee
   4. With the intent to steal it and defraud the employer

Punishment

The punishment for larceny by employee is a Class C felony if the value of the property is over $100,000 under N.C. Gen. Stat. § 14-74. The punishment for larceny by employee is a Class H felony if the value of the property is less than $100,000 under N.C. Gen. Stat. § 14-74. This crime may not be charged against a defendant who is under 16 years old.

Embezzlement of State Property by Public Officers and Employees

Elements

A person is guilty if they:

1. Knowingly and willfully
2. Misapply or convert to their own use
3. Property of the state
4. Held in trust by the defendant

Punishment

The punishment is a Class F felony if the property is valued less then $100,000 under N.C. Gen. Stat. § 14-91. The punishment is a Class C felony I the value of the property is greater then $100,000 under N.C. Gen. Stat. § 14-91.

Embezzlement by Public Officers and Trustees

Embezzlement by Officers, Agents, or Employees of Local Governments, Local Boards of Education, Penal, Charitable, Religious, or Educational Institutions

Elements

A person is guilty if they:

1. Are an officer, agent, or employee
2. Of a local government, local board of education, or a penal, charitable, religious, or educational institution and
3. Embezzles; or
   1. Willfully and corruptly
   2. Uses or misapplies
   3. Money or property
   4. Of the local government, local board of education, or the penal, charitable, religious, or educational institution
   5. Held in trust by the defendant

Punishment

The punishment for Embezzlement by Public Officers and Trustees is a Class F felony if the value of the property is under $100,000 under N.C. Gen. Stat. § 14-92. The punishment for Embezzlement by Public Officers and Trustees is a Class C felony if the value of the property is over $100,000 under N.C. Gen. Stat. § 14-92.

Embezzlement by Clerks of Superior Court, Sheriffs, Registers of Deeds, or Officials of Boards of Education or Local Government

Elements

A person is guilty if they:

1. Are a Clerk of Superior Court, Sheriff, Treasurer, Register of Deeds, or other public officer of any county unit or agency of local government, or local board of eduction and
2. A
   1. Embezzles; or
   2. Wrongfully converts to his or her own use; or
   3. Corruptly uses; or
   4. Misapplies; or
   5. Fails to pay over and deliver to the proper person entitled to receive when lawfully required to do so
   6. Money, funds, securities, or other property
   7. Held in trust by the defendant

Punishment

The punishment for Embezzlement by Clerks of Superior Court, Sheriffs, Registers of Deeds, or Officials of Boards of Education or Local Government is a Class F felony if the property is valued at under $100,000 under N.C. Gen. Stat. § 14-92. The punishment for Embezzlement by Clerks of Superior Court, Sheriffs, Registers of Deeds, or Officials of Boards of Education or Local Government is a Class C felony if the property is valued at over $100,000 under N.C. Gen. Stat. § 14-92.