New York Embezzlement Law: FAQ
What is the Charge of Embezzlement
In New York, Embezzlement is an illegal theft or taking of property, usually money either directly or indirectly, with the intent to deprive the rightful owner of those dollars and without the permission or authority to do so. Embezzlement crimes are perpetrated under NY PL Article 155.00. As such, Grand Larceny in the Fourth Degree, PL 155.30, through Grand Larceny n the First Degree, PL 155.42 are the most serious offenses and Petit Larceny, PL 155.25, would be the applicable crime charge in an Embezzlement equal to or less than $1,000.00.
What is the Penalty for Embezzlement
In New York, Embezzlement is included as one of the ways in which a larceny can be committed under PL 155.00. This means that Embezzlement is covered by the various larceny statutes in the New York Penal Law, such as Grand Larceny, PL 155.30 – 155.43. The most severe of these offenses is Grand Larceny in the First Degree, PL 155.42, which is a B felony punishable by up to an indeterminate sentence of 8 1/3 to 25 years in prison, or 12 1/2 to 25 years in state prison if the person has been previously convicted of a felony in the last ten years. If you are convicted of the lowest level of Embezzlement, Grand Larceny in the Fourth Degree, PL 155.30, the penalty is no incarceration and up to 1 1/3 to 4 years in prison. Just like other predicate felons, if you have a prior felony conviction in the preceding ten years, then a judge can sentence you up to 2-4 years in prison. It is important to note that you can be charged with the actual Embezzlement, usually Grand Larceny, but for other crimes including the unlawful possession of the proceeds, forging of documents and identity fraud and theft related felonies as well.
Is there a Statute of Limitations for Embezzlement?
Yes. The statute of limitations for a crime related to Embezzlement is either 2 or 5 years, depending on the facts. Generally, misdemeanor crimes have two year statutes and felonies have five year limitations. In most situations, the statute of limitations will be 5 years because most Embezzlement arrests involve Grand Larceny and thefts beyond $1,000.00. Keep in mind that the date of importance for statute of limitations purposes is not the date you are accused of starting, but when the ongoing action or Embezzlement ceased.
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