Embezzlement is a form of theft that involves someone misusing money or property they were entrusted to manage. In Arkansas, this offense often occurs in workplaces where employees have access to company funds or accounts.
Embezzlement charges are serious, even if they only involve smaller sums of money. Below are some key factors to keep in mind.
How Arkansas defines embezzlement
Arkansas does not have a separate law that uses the term “embezzlement.” Instead, it is classified under the general theft statute, Arkansas Code § 5-36-103. A person may be charged if they take property they had legal access to but use it in a way that violates the owner’s trust.
Common examples include diverting funds for personal use, keeping cash from sales or using a company credit card for personal expenses.
Penalties based on value
The penalties for embezzlement in Arkansas depend on how much was taken:
- Less than $1,000: Class A misdemeanor, up to 1 year in jail and a fine up to $2,500
- $1,000 to $5,000: Class D felony, up to 6 years in prison
- $5,000 to $25,000: Class C felony, 3 to 10 years in prison
- Over $25,000: Class B felony, 5 to 20 years in prison
If the offense involves a bank or trust company, Arkansas Code § 23-50-105 applies. This law covers officers, directors, agents, or employees who embezzle or willfully misuse institutional funds. Convictions under this section may lead to longer prison terms and larger fines, depending on the amount and circumstances.
Embezzlement can have lasting effects beyond prison time or fines. A conviction may lead to loss of employment, damage to personal and professional reputation and difficulties securing future work. In some cases, individuals may also be ordered to repay the amount taken. If you have been charged, it is vital to seek legal guidance.