Embezzlement is the taking of money or property based upon an established relationship between the offender and the victim. To be convicted of embezzlement the prosecution will need to prove the following required elements: the money or property belonged to the victim, defendant and a relationship of trust with the victim, defendant obtained possession or control of the money or property because of the relationship of trust, defendant was dishonestly disposed of the money or property or the money or property was converted to the defendant’s use, at the time of act, defendant intended to defraud or cheat the victim out of money or property, and the fair market value of the property or amount of money embezzled is within a certain monetary amount.
Penalties associated with a conviction of embezzlement will depend on the fair market value of the property or the amount of money embezzled. For example, if the property that was taken and converted for the defendant’s own use was valued at $200 or less, the defendant will be facing a misdemeanor conviction with a penalty of 93 days in jail and/or a fine of $500. Another example would be if the property taken was valued at $50,000 or more but was less than $100,000, the defendant would be charged with a felony that carries a penalty of 15 years in prison and/or a $25,000 fine.