Felony Larceny by Employee
Among criminal charges involving allegations of theft and larceny in North Carolina, two of the more serious felony accusations are Embezzlement and Felony Larceny by Employee.
Even an arrest for a charge involving a “crime of moral turpitude” or theft, whether it is a felony or misdemeanor, can have negative consequences.
What’s the Difference Between Felony Larceny by Employee and Embezzlement?
"A reputation for stealing and being labeled a ‘thief’ can be difficult to overcome."
- Cole Williams, Criminal Defense Lawyer Durham NC
In many ways the charges are very similar.
Both involve essentially taking or misappropriating something that belongs to someone else, often an employer.
That “taking,” in simple terms, may involve larceny. It can also include things like under-charging friends or giving away company property to others.
The NC criminal law refers to the offense as Larceny by Servants and other employees.
It is more fully set forth in N.C.G.S. Chapter 14-74.
"The language the Legislature uses to describe the offense of Felony Larceny by Employee is a bit dated and may be hard to understand."
- Cole Williams, Durham Defense Attorney
Criminal Defense lawyers in Durham (and throughout all of NC) may describe such legal statutes as “expansive,” “broadly written,” or “inclusive” in nature.
The laws are intended to include and account for different kinds of working and employment relationships.
Larceny is also what defense attorneys may refer to as a Common Law offense.
"It has always been illegal to take something that doesn’t belong to you. Such ‘common laws’ are known by everyone and come from when we were a colony subject to British rule."
- Cole Williams, Durham Lawyer
The NC criminal law regarding felony larceny by an employee includes things like goods, money, and “chattels.”
A “chattel” is a somewhat outdated word that means a “personal possession.”
The statute, in referring to the employer/employee relationship, also refers to the employer as the “master” and the employee as the “servant.”
One of primary differences between Felony Larceny by Employee and Embezzlement involves the issue of “entrustment” of money, goods, and/or chattel.
Embezzlement ordinarily involves theft, larceny, or misappropriation of something entrusted to the employee or person who, by virtue of employment, holds a position of trust or authority.
Felony Larceny by Employee is somewhat simpler.
It often applies to taking something from the employer (a larceny) by the employee, not necessarily requiring the personal property or things of value to have been entrusted to the employee as part of employment.
"When it comes to a larceny by employee charge, taking even something of little value or a small dollar amount still allows for criminal prosecution as a felony."
- Cole Williams, Durham Criminal Defense
Ordinarily, in order for a larceny to be deemed a felony vs misdemeanor, the amount stolen or taken must exceed a certain amount of money or value.
With felony larceny by employee and embezzlement charges in North Carolina, that is not the case.
That is not to say there aren’t other legal considerations regarding the amount taken.
If the chattels, goods, personal items, property, etc. are worth $100,000 or more, that makes the classification of the criminal offense a Class C felony.
That’s higher felony classification than robbery with a dangerous weapon, which is a Class D felony in NC.
A conviction for a Class C felony in North Carolina mandates an active prison term. Probation is not an option.
Larceny by Employee and Embezzlement charges of items or things valued less than $100,000 are classified as a Class H felony in North Carolina.
While a substantially lower-level felony accusation in NC, any felony conviction can make it hard to find a good job.
Few employers wish to hire someone convicted of stealing from their employer.
Durham Felony by Employee Lawyer – Durham County Criminal Defense
"A conviction for larceny, felony or misdemeanor, should be taken seriously."
- Cole Williams, Durham Attorney
Cole Williams is a criminal defense attorney in Durham NC.
He’s been helping people charged with both misdemeanor and felony charges for more than two decades.
If you have been accused of felony larceny, larceny by employee, or embezzlement, it’s a very good idea to retain legal counsel.
Exercise your right to remain silent. Ask to speak with legal counsel.
Call NOW (919) 688-2647