Embezzlement: penalties in each state
Keeping or using for yourself money or property that was entrusted to you, such as an employee taking from an employer.
What to look for: Many states treat it as a kind of theft, with the penalty depending on the value taken.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
9 states covered so far
Arizona
Up to 6 months (a small amount) to 3 to 12.5 years (a very large amount)
Show the degrees and the statutes
Theft of a small amount (under the felony limit) (Class 1 misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 6 months in jail
- Fine
- Fine of up to $2,500
Theft of a larger amount (Class 6 to Class 3 felonies, by value) (Class 6 felony)
- Least
- 0.33 years (about 4 months)
- Most
- 2 years
- Fine
- Fine of up to $150,000
A first offence: usual term 1 year, between 0.5 and 1.5 years; about 4 months if mitigated and 2 years if aggravated (§ 13-702). Class 6 is the lowest felony grade. Higher values are Class 5, 4 and 3 felonies.
Theft of a very large amount (Class 2 felony)
- Least
- 3 years
- Most
- 12.5 years
- Fine
- Fine of up to $150,000
A first offence: usual term 5 years, between 4 and 10 years; 3 years if the court finds mitigating factors and 12.5 years if it finds aggravating factors (§ 13-702). The highest grade is a Class 2 felony.
Arizona treats embezzlement as theft by 'converting' property that was entrusted to the person (§ 13-1802(A)(2)). The class depends on the value taken: from a Class 1 misdemeanor for a small amount up to a Class 2 felony for a very large amount.
California
Up to 6 months (petty theft) to up to 3 years (grand theft)
Show the degrees and the statutes
Petty theft (embezzlement of a small amount) (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 6 months in county jail
- Fine
- Fine of up to $1,000
Grand theft (embezzlement over the statutory value limit) (Wobbler: felony or misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in county jail, or a felony term served under § 1170(h) (16 months, 2 or 3 years)
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
California punishes embezzlement as theft of the value or kind embezzled (§ 514). Embezzlement of public funds is a felony punished in state prison.
Florida
Up to 60 days (petit theft) up to 30 years (grand theft, first degree)
Show the degrees and the statutes
Petit theft in the second degree (Misdemeanor of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 60 days in jail
- Fine
- Fine of up to $500
Petit theft in the first degree (Misdemeanor of the first degree)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in jail
- Fine
- Fine of up to $1,000
Grand theft in the third degree (Felony of the third degree)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of up to $5,000
Grand theft in the second degree (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
Grand theft in the first degree (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- Up to 30 years
- Fine
- Fine of up to $10,000
Florida treats embezzlement as theft (§ 812.014). The degree depends on the value of the property taken, and on some kinds of property.
Iowa
Up to 30 days (fifth-degree theft) to up to 10 years (first-degree theft)
Show the degrees and the statutes
Theft in the fifth degree (Simple misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 30 days
- Fine
- Fine of $105 to $855
§§ 714.1 and 714.2.
Theft in the fourth degree (Serious misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year
- Fine
- Fine of $430 to $2,560
§§ 714.1 and 714.2.
Theft in the third degree (Aggravated misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 2 years
- Fine
- Fine of $855 to $8,540
§§ 714.1 and 714.2.
Theft in the second degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of $1,025 to $10,245
§§ 714.1 and 714.2.
Theft in the first degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of $1,370 to $13,660
§§ 714.1 and 714.2. The highest degree applies to the highest values.
Iowa treats embezzlement as theft by misappropriation: using or disposing of property one holds in trust in a way that is inconsistent with the owner's rights (§ 714.1, subsection 2). The degree depends on the value of the property.
Maryland
1 to 5 years
Show the degrees and the statutes
Embezzlement (Misdemeanor)
- Least
- 1 year
- Most
- Up to 5 years
Maryland makes embezzlement a separate misdemeanor (§ 7-113), with a mandatory minimum of 1 year. Theft of property is graded by value in § 7-104, up to 20 years for property worth $100,000 or more.
New York
Up to 364 days (petit larceny) up to 25 years (grand larceny, first degree)
Show the degrees and the statutes
Petit larceny (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 364 days in jail
- Fine
- Fine of up to $1,000 (§ 80.05)
Grand larceny in the fourth degree (Class E felony)
- Least
- No minimum term set by the statute
- Most
- 4 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Grand larceny in the third degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Grand larceny in the second degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Grand larceny in the first degree (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
New York treats embezzlement as larceny (§ 155.05). The class depends on the value taken and sometimes the kind of property.
Texas
A fine only (Class C misdemeanor) up to 5 to 99 years, or life (first degree)
Show the degrees and the statutes
Misapplication of fiduciary property of the smallest value (Class C misdemeanor)
- Least
- No minimum term set by the statute
- Most
- No jail; a fine only
- Fine
- Fine of up to $500
Misapplication of fiduciary property, middle values (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in jail
- Fine
- Fine of up to $4,000
Class B misdemeanors and Class A misdemeanors apply at middle values.
Misapplication of fiduciary property, higher values (State jail felony)
- Least
- 180 days in a state jail
- Most
- 2 years in a state jail
- Fine
- Fine of up to $10,000
A state jail felony, then third-, second- and first-degree felonies as the value rises.
Misapplication of fiduciary property of the highest value (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
Texas punishes embezzlement-type conduct as 'misapplication of fiduciary property' (§ 32.45), and also as theft (§ 31.03). The class depends on the value of the property misapplied.
Virginia
Up to 12 months in jail (petit larceny) up to 1 to 20 years (grand larceny)
Show the degrees and the statutes
Petit larceny (embezzlement of a smaller amount) (Class 1 misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 12 months in jail
- Fine
- Fine of up to $2,500
Grand larceny (embezzlement of a larger amount) (Felony (term set by the statute))
- Least
- 1 year in prison, or no prison term if the court chooses jail instead
- Most
- 20 years, or up to 12 months in jail and a fine of up to $2,500
Virginia deems embezzlement to be larceny and punishes it as larceny (§ 18.2-111). The grade depends on the value taken.
Washington
Up to 364 days (third-degree theft) up to 10 years (first-degree theft)
Show the degrees and the statutes
Theft in the third degree (Gross misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 364 days in jail
- Fine
- Fine of up to $5,000
Theft in the second degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of up to $10,000
Theft in the first degree (Class B felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of up to $20,000
Washington treats embezzlement as theft (RCW 9A.56.010). The degree depends on the value of the property taken.
Other states are being added. Spotted a mistake? Tell us.
