Embezzlement–California Penal Code 503

San Diego Criminal Defense Lawyer Explains Embezzlement Laws in California:

What is Embezzlement?

Embezzlement is the fraudulent appropriation of property by a person to whom it was trusted.[1] In other words, it is when you unlawfully take something that has been entrusted to you. While non-profit organizations can be involved in embezzlement cases, most commonly you find embezzlement is the business world. Because most cases involve employee/employer relationships, you may hear embezzlement called employee theft or employee fraud.

What will the prosecutor have to prove to convict me of Embezzlement?

To convict you of Embezzlement, the prosecutor must prove that:

1)   An owner (or owner’s agent) entrusted their property to you

2)   The owner did so because they trusted you

3)   You converted or used that property for your own benefit

4)   When you converted the property, you intended to deprive the owner  of it permanently or remove it for an extended period of time so the owner would not receive benefit from it[2]

To “entrust” means that they gave you legal power to control or access the property. This is the point in the law that differs from other theft charges.

An accountant, payroll specialist, director of finance, bank teller, and treasurer are common examples of positions where people have been entrusted with property that is not their own. However, a person in a partnership can be charged with embezzlement even though they own part of what was taken, because it was not fully their own.

If you took property belonging to someone else solely because that person owed you a debt, that is still not a defense to the crime of Embezzlement.[3]

If you took property with the intention to return it in the future, you can still be charged with embezzlement.[4]

If you embezzled property, but then returned the property to its rightful owner before charges were brought against you, that is also not a defense to the criminal charges.  In other words, you could still have a criminal case filed against you.  However, the fact that you already returned the property is a mitigating factor and may help you get a lighter sentence from a judge.[5]

Embezzlement is typically attached to theft (both grand and petty) but can also be associated with other crimes. Burglary, receiving stolen property, and forgery are commonly connected with embezzlement.

How do I fight an Embezzlement charge?

An experienced lawyer can build a strong defense against a charge of Embezzlement. Some defenses an attorney might employ to fight your case are “lack of intent”, “claiming false accusations” and “claim of rights”. You should be proactive in your case by providing all pertinent information about your case to your lawyer. A strong lawyer will be able to look at the evidence critically and find holes in the prosecution’s allegations. You should read our free ebook “Fighting Your Criminal Case: A Serious Response to Serious Charges” to learn precisely what steps you should take to give yourself the best chance at getting the charges dismissed.

What are the penalties if I am convicted of Embezzlement?

The sentence on Embezzlement charges is tied to sentences set for theft charges.[6] Embezzlement is often charged as grand theft (petty theft if the amount is under $950). The circumstances of your case and your criminal history determine whether a theft conviction is a felony or misdemeanor.

For a misdemeanor conviction, you will be sentenced with up to a year in the county jail and fined up to $1000. For a felony conviction, you could be sentenced with 16 months, 2 years or 3 years in the state prison and fined up to $10,000.[7]

If the embezzled property comes from any government entity, the conviction will be a felony. You may be sentenced to time in prison and will not be eligible to hold any position of trust in the government in the future.[8]

California law includes many more additions and enhancements to an Embezzlement conviction. Embezzlement charges cannot be taken lightly. Please contact us right away and we will be happy to answer any questions you might have and outline a series of steps you should follow right away to fight the serious allegations against you.

 


[1] California Penal Code § 503

[2] California Jury Instructions (CALCRIM) 1806.

[3] California Penal Code § 511

[4] California Penal Code § 512

[5] California Penal Code § 513

[6] California Penal Code § 514

[7] California Penal Code § 489

[8] California Penal Code § 514