What are the Punishments, Penalties, and Sentences for Embezzlement in North Carolina?
This post is one in a series of posts covering embezzlement charges in North Carolina. This post specifically covers the punishments and penalties for those convicted of embezzlement.
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If someone is convicted (found guilty) of the crime of embezzlement in North Carolina, there are various penalties ranging from prison, to fines, to restitution.
Prison
Because embezzlement is a felony in North Carolina, someone convicted of embezzlement may be sentenced to a term of imprisonment. The maximum and minimum terms of imprisonment will depend on the amount of prior criminal convictions (if any) that the defendant has on his record. The following chart assumes someone is convicted of embezzlement under the general embezzlement statute (N.C. Gen. Stat. § 14-90) and has zero prior criminal convictions.
Possible Prison Sentence for Embezzlement in North Carolina With Zero Prior Convictions | ||
Amount of $ Involved | Felony Class | Max/Min Sentence |
Under $100,000 | Class H felony | 0 – 1.6 years |
$100,000 or more | Class C felony | 3.6 – 10 years |
Fines and Restitution
Regardless of how much money was involved, someone convicted of embezzlement in North Carolina will likely be required to pay restitution to the victim of the offense. Even if two people are convicted of committing embezzlement together, the court will likely order both defendants to be “jointly and severally” liable for the restitution payments regardless of who played a larger role in the scheme.
Loss of Professional License
Another consequence of being convicted of embezzlement is the possibility that the defendant will be stripped of his professional licenses. For example, licensed professionals, including attorneys, CPAs, real estate agents, nurses, and engineers, are licensed by a state board. The boards generally require licensed professionals to follow a code of conduct. A felony conviction for embezzlement may result in the relevant board deciding to strip the person of his or her professional license.
Note that this punishment—loss of professional license—is not a punishment imposed by the court system, but rather one imposed by the licensing board.
Federal charges for embezzlement.
As mentioned in a sister post, embezzlement can often trigger a federal criminal investigation. Federal law enforcement, such as the FBI, often gets involved in an embezzlement investigation when the amount of money involved exceeds $150,000. In these situations, federal prosecutors may seek to bring charges like wire fraud, bank fraud, conspiracy, or money laundering. For more on these subjects, see our sister post.
Further reading.
Everything You Need to Know About Embezzlement in North Carolina.
The Benefits of Hiring Defense Counsel Early on in the Case.
Everything You Need to Know About Insurance Fraud in North Carolina.
Final thoughts.
As with any felony crime, embezzlement is a serious matter. If you believe you are under investigation for embezzlement, it is critical that you seek the advice of a North Carolina embezzlement attorney to protect your rights and your freedom. It is especially important to hire an attorney as early as possible in order to benefit from the best possible outcome.
About the Author
John J. Dowling III is a white collar criminal defense attorney based in Charlotte, North Carolina who handles white collar cases nationwide. He routinely represents people charged with crimes in state and federal court.
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