Jan 13, 2019 Embezzlement defense – Fairfax Virginia criminal lawyer
Embezzlement is not limited to employee misdeeds, says Virginia criminal lawyer
Embezzlement in Virginia is defined as wrongfully and fraudulently using, disposing, or concealing any valuables “received for another or for his employer.” Va. Code § 18.2-111 Embezzlement is a form of theft. As a Virginia criminal lawyer, I know that an embezzlement conviction sounds worse to a layperson than ordinary theft, because of the trust that has been placed by the employer or other alleged victim in the embezzlement defendant.
Fairfax criminal lawyer on the commission of embezzlement by keeping an acquaintance’s rental car
Shanessa V. Pittman learned this week on appeal that her failure timely to return her acquaintance’s rental car to the friend constituted embezzlement. Pittman v. Virginia, ___ Va. App. ___ (Jan. 8. 2019). Pittman called her acquaintance Pettis to pick her up at the hospital. Pettis rented a car to do so. Pettis then authorized Pittman to drive the rental car exclusively to get Pittman’s medication prescription filled, and then to return the car to Pettis.
Pittman never returned the car, despite demands to Pittman to do so from Pettis and the police. Instead, Pettis’s Virginia-rented automobile was located a significant time period later in New York with thousands of dollars of body damage. Pittman.
Virginia criminal attorney on the simple elements of the crime of embezzlement
In affirming Pittman’s embezzlement conviction, the Virginia Court of Appeals confirmed that an embezzlement conviction does not require that the defendant have a fiduciary or other special relationship with the alleged embezzlement victim:
“[T]he question before us is simply whether the evidence was sufficient to demonstrate both a delivery of personal property from Pettis to Pittman and that Pittman had the requisite fraudulent intent to convert it to her own use. As there is evidence in the record to support both conclusions, the judgment of the circuit court is affirmed.” Pittman.
Fairfax criminal lawyer on the damning reputational and criminal consequences of a theft-related conviction
As a Virginia criminal lawyer, I know that the criminal, reputational, and adverse collateral consequences of a theft-related conviction can be damning and devastating. When charged with a theft-related offense or any other criminal offense, it is important for the accused to obtain the assistance of a qualified criminal defense lawyer.
Virginia criminal lawyer Jonathan L. Katz pursues your best defense against felony, misdemeanor, DUI, DWI, and drug offenses. To discuss your case with Jon Katz, please call his staff at 703-383-1100 to schedule a confidential consultation.