PC §303 - EMBEZZLEMENT
CLASS C MISDEMEANOR
(a) Definition
Embezzlement is the fraudulent conversion of property or funds entrusted to one's care, custody, or control, for personal gain or unauthorized use, by a person who has lawful access to such property or funds.
(b) Elements of the Offense
The following elements must be met to constitute embezzlement:
A person entrusted with control or possession of property or funds.
Fraudulent conversion or misappropriation of the property or funds.
The intent to deprive the rightful owner of the property or funds.
(c) Defenses
(a) It shall be a defense to a charge of embezzlement if the defendant can prove that they had lawful authority or permission to access and use the property or funds in question.
(b) Lack of intent to defraud or deprive the rightful owner of the property or funds may also serve as a defense if proven by the defendant.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for similar offenses.
Excessive speeding, reckless driving, or driving under the influence of alcohol or drugs at the time of the offense.
Multiple victims or fatalities resulting from the same incident.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
Restitution
In addition to any other penalties imposed, the court may order the defendant to pay restitution to the victim for the full amount of the property or funds embezzled.
JAIL TIME
60 SECONDS OF JAIL TIME.
BOND SET
$6,000.00
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