Consequences for Embezzlement When Tried as an Adult
While laws vary by state, most municipalities recognize embezzlement as the criminal act of stealing of money or property by an individual in a position of trust who is assigned to protect the victim's assets. Defendants charged with embezzlement who are under the age of 18 at the time of the theft may be tried as adults at the discretion of the court and are typically subject to harsher penalties than if charged as a minor.
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Probation
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Depending on the nature of the embezzlement offense, probation may be ordered for a specific period of time, as mandated by the court. While requirements vary by state, most states take into consideration the prior criminal history of the defendant, if applicable, along with the defendant's ties to the community and the wishes of the victim, when determining whether probation is appropriate. If granted, defendants are required to comply with all terms of probation as outlined in the court's order including, but not limited to, regular follow up with an assigned probation officer and completion of community service, if ordered.
Imprisonment
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Depending on the unique circumstances of the case, the criminal court of jurisdiction may mandate that prison time is appropriate. While laws vary by state, theft of money or property valued at $200 or less is typically considered a misdemeanor, punishable by up to one year in jail and a fine of up to $500 or an amount deemed appropriate by the court. Theft of money or property valued at more than $200, however, is typically deemed a felony punishable by up to five years or more as mandated by the jurisdiction of the presiding state and fines in amounts greater than $500.
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Restitution
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In addition to court ordered fines and applicable court costs, an individual charged as an adult and convicted of embezzlement charges are typically required to reimburse the victim of the crime for the amount of money that was stolen from them or the approximate value of the property that has been stolen. Depending on the state in which the crime occurred, the defendant may be ordered to pay the victim in amounts of up to three times what the money or property was worth.
Criminal Record
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A conviction on embezzlement has consequences that continue long after jail time is over, and restitution to the victim has been made. Regardless of whether the defendant was convicted on misdemeanor or felony charges, a conviction of embezzlement will remain on the defendant's criminal record. In some states, a defendant may be eligible to have a misdemeanor conviction expunged from his record after a period of time with no further offenses, as mandated by state law. Felony records, however, are typically permanent and may cause difficulty in obtaining gainful employment, particularly in industries relating to finance or the sale of goods.
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