Embezzlement convictions can have life-changing consequences, including imprisonment, fines and restitution. Just being charged with embezzlement can ruin your reputation and professional career. An experienced and effective embezzlement defense attorney can make a major difference in the outcome of your case. An attorney who is not familiar with California embezzlement law may not fully understand how to get the charges against you reduced or even dismissed. In some cases, payment to the victim can be negotiated before any criminal charges are filed. Contact the Los Angeles Law Office of Rodriguez, Lewis & Kahn to speak to an experienced criminal defense attorney about your legal options.

California Law

According to California Penal Code Section 503, "Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted." In most embezzlement cases, the defendant is an employee and the victim is his or her employer. In other words, embezzlement usually involves stealing from one’s employer, which is why it is also referred to as “employee theft” and “employee fraud.” Common embezzlement scenarios involve an employee using a company credit card for personal gain; creating false records to conceal the theft; stealing small amounts of company property or money over time; or stealing a significant amount of money in one transaction.

A prosecutor must prove and establish the following three facts in order to obtain a conviction for embezzlement:

• That an owner entrusted property to the defendant
• The owner did so because he/she trusted the defendant (the defendant had a “fiduciary” relationship and/or trust relationship with the owner)
• The defendant fraudulently converted (misappropriated) that property for his or her own benefit or use, and
• The defendant had the specific intent to deprive the owner of his or her property.

In the event that the owner and the defendant did not have a relationship of trust (fiduciary relationship) then there is no embezzlement but rather a theft. Embezzlement can also be prosecuted under California Penal Code Section 514 which makes it a felony to embezzle federal, state, or local public funds, punishable by up to three years in state prison.

Penalties

Embezzlement is a “wobbler”, meaning it can be charged as a misdemeanor or felony. Embezzlement falls under the umbrella of the California theft laws and is punished the same way that theft is punished. Like other theft crimes, the value of the property stolen and the defendant’s criminal record are significant considerations in deciding whether to charge the crime as a misdemeanor or felony, and what penalties will be assessed. If the amount embezzled is over $950, it is punishable as grand theft embezzlement. If it is less than $950, it is considered petty theft embezzlement. Embezzlement penalties vary depending on the circumstances. For example:

• If you are convicted of misdemeanor grand theft embezzlement (you embezzled goods worth more than $950 or money exceeding $950), you could be sentenced to one year in a county jail and a maximum $1,000 fine.
• If you are convicted of felony grand theft embezzlement, the penalties are from 16 to 36 months in state prison and a $10,000 fine.
• If you are convicted of petty theft embezzlement (you embezzled goods worth less than $950), you face up to six months in a county jail and a maximum $1,000 fine. If you commit petty theft embezzlement three prior times, you can be charged with a felony (it is also called “petty theft with a prior”) and it is punishable by 16 to 32 months in state prison.
• If have embezzled $50 or less, and it is a first theft offence, your lawyer can probably get the prosecutor to agree to categorize the crime as an infraction, which subjects you to a small fine.
• Embezzling from a senior or a dependent adult can also result in greater penalties.

In addition to jail time and fines, the court may also impose probation, parole, restitution (paying back the victim) and counseling.

Los Angeles Embezzlement Defense Attorneys

There are a number of ways to fight an embezzlement charge. Developing a defense strategy early in the case is important. If you are being investigated for or have been charged with embezzlement or are being questioned about missing funds at work, contact an experienced criminal defense attorney as soon as possible. Speak to an attorney before talking to anyone including your boss or law enforcement! Your own statements can and will be used against you. An experienced criminal defense attorney will carefully evaluate the strengths and weaknesses of the prosecution’s case against you and can obtain the most favorable outcome possible. The Los Angeles Criminal Defense Lawyers at Rodriguez, Lewis & Kahn are aggressive attorneys that have successfully defended many clients in embezzlement and other theft matters, often helping them avoid a conviction entirely, or negotiate a settlement that keeps them out of jail or state prison.