What is Felony and is Embezzlement a Felony

felony

The definition of Felony

High seriousness gets termed a Felony crime, whereas a less severe crime is a misdemeanor crime. The term “felony” originated from the French word “félonie” to describe an offense that results in the confiscation of a convicted person’s goods and lands, to which punishments such as capital punishments could be added (originally as per English Law).

In the United States law, a felony gets defined as a crime punishable by imprisonment for not less than a year. The US law considers a felony to be wrong against the state and society and not just against an individual. Unlike English law, there is no forfeiture of all the felon’s property in US law and is not a part of the definition. However, for crimes like racketeering, the specific property is subject to forfeiture. If a person is convicted of a felony, such a conviction can lead to further restrictions such as loss of the right to vote and disqualification of firearms ownership.

Getting into a road accident is very unfortunate. You drive on roads, but your safety should also be a concern for other people driving along with you. Several traffic rule violations lead to road accidents. But are you aware of all the traffic rules? Do you know how to classify a traffic misdemeanor and a traffic felony? Start with understanding the felony definition.

Felonies are crimes that carry a prison sentence of more than a year. This means that a felony crime is the most severe type of crime. Severity defines each crime. Felony, in this case, not only causes wrong against a person but also the society.

Examples of Felony

Some examples of Felony include rape, kidnapping, murder, sale of illegal drugs, arson, grand theft, robbery, burglary, and Vandalism. In most instances, a crime is considered a felony crime depending on the severity of the crime committed. For example, a theft crime is deemed to be grand theft depending on the number of dollars. Repeatedly committed crimes are also considered a felony, even though it was a misdemeanor crime committed for the first time. Click here to get more information on felony definition.

The answer to the elephant in the room – Is Embezzlement a felony?

What does Embezzlement mean?

Embezzlement is a crime in which a person fails to return the property or money. Belonging to another individual or an entity or spend it in a way in which it was not intended to be consumed or used. The characteristics of embezzlement are:

  • The person accused has legal permission or possession to use the property or money. It stands to be the main difference between theft and embezzlement. A theft occurs when a person takes something when they never had lawful permission to possess it
  • The act done in embezzlement is intentional. The accused do not wish to give the money or property back intentionally.
  • The accused converts the property or takes the money for their use and not its intended use. Conversion includes more than just taking, such as changing the worth or value of the property, selling the property and using it up for personal use, or withholding the property or money from its owner.

What are the elements required to prove “Felony Embezzlement”?

The elements required to prove a Felony Embezzlement depends from state to state. However, on general terms, it includes the following things:

  1. There should be a clear relationship between the parties involved. Either they can be an investment banker and client, employer and employee, or trustee and beneficiary, any sort of relationship is a must.
  2. Because of a relationship, the defendant must have acquired or was entrusted with the money or property.
  3. The defendant must have converted or taken away the money or property entrusted.
  4. The defendant must have acted intentionally to take away or use the property or money assigned permanently. Is embezzlement a felony? Click here to learn more.

Having what amount of evidence is necessary to prosecute embezzlement?

Embezzlement can be of many types, and every case can be different than others, so the evidence needed to prosecute the crime of embezzlement can vary. Generally, it requires the following shreds of evidence.

  1. Actual confession of guilt from the suspect.
  2. If not confession, a pattern proves the defendant took money and property for personal use as it shows the defendant’s intentional act.
  3. Financial records.

Felony embezzlement is a serious crime and can have serious consequences. If you think someone you trust and have a relationship with embezzles money or property from you, it is wise to take professional help. The lawyers in such situations can help you in the right way.

Proving felony embezzlement is more complicated than defending it. Many defenses, such as insufficient evidence, lack of intent, and entrapment, can free the defendant. Qualified and expert lawyers have the right amount of knowledge to get you the justice that you deserve.

To conclude –

Felony is a severe crime, and embezzle is a felony. Depending on the factors that vary from state to state. However, when general patterns are involved and suspected that lead to felony embezzlement, getting lawyers‘ help is advised.