California Embezzlement Attorney

Embezzlement Attorneys

Embezzlement is a serious theft crime in California. For anyone charged with this crime, conviction can be devastating. In addition to a possible prison or jail sentence, fines, and community service requirements, the social stigma of its conviction alone is not only embarrassing, it may result in a person being denied future employment opportunities. If you have been charged with embezzlement, it is essential that you contact an attorney as soon as possible. At the Law Offices of Michael Berg, our experienced embezzlement attorneys will aggressively ensure that your rights are protected. Depending upon the circumstances, it may be possible to handle your matter prior to the case being filed, resulting in a suspension of charges.


What Is Embezzlement?

In California, embezzlement is the illegal transfer of money or property for personal use. It is a white collar crime that is also commonly referred to as employee theft, or employee fraud. What differentiates this from ordinary theft is that the money or property was entrusted to the accused. In other words, it must be property that the accused had legal possession over, or authority to access. It is most frequently seen in connection with employment situations, such as a cashier who takes money out of his or her till for personal use. However, embezzlement may occur in any type of fiduciary relationship. In a fiduciary relationship, the party entrusted with money or property has specific duties, and can include not only employees, but trustees, agents, corporate officers, and public officers. It reflects a party’s betrayal of those duties. In order for a judge to find an accused guilty of the crime, the prosecution must prove the following:

  • that the accused had a relationship of trust with the victim;
  • that, pursuant to that relationship, the accused was entrusted with certain property; and
  • that the accused specifically intended to deprive the victim of that property by fraudulently taking it as his or her own.

Penalties

In California, the penalties for embezzlement, larceny, and theft are similar. Sentences depend upon whether the charge is for petty theft or grand theft:

Embezzlement is charged as petty theft if the property taken is valued below $950. Penalties may include a fine of up to $1,000, a term of imprisonment of up to six months, or both. If the properly embezzled was valued at $50 or less and the defendant has no prior record for theft, an experienced embezzlement attorney may be able to persuade the prosecutor to reduce the charge to an infraction with a $250 fine.

Embezzlement is charged as grand theft if the property taken is valued above $950 (or if a firearm or car is embezzled, regardless of the value). Depending upon a defendant’s criminal history, and the circumstances of the case, grand theft may be prosecuted as a felony or misdemeanor. In a felony conviction, a defendant may receive a sentence of imprisonment from six months to three years and a fine of up to $10,000. If the grand theft is charged as a misdemeanor, a defendant may receive a sentence of up to one year in a county jail plus a fine of up to $1,000.


Defenses To Embezzlement

The embezzlement attorneys at the Law Offices of Michael Berg have years of experience providing effective defenses to charges of embezzlement. In fact, if you contact our office immediately upon being accused, we may be able to help you initiate a civil compromise (repayment to the victim) in an effort to prevent criminal charges from being filed. If charges have been filed, several defenses may also be available, including (but not limited to) the following:

  • Claim of right (good faith belief): if the accused had a good faith belief that he or she was entitled to take the property (regardless of whether that belief was wrong) then the accused cannot be guilty.
  • Lack of criminal intent: if the accused did not specifically intend to deprive the owner of the property, or to convert it for his or her own use, then there can be no conviction.
  • Innocence: if someone made a false accusation out of revenge or anger, if someone else embezzled the property, or if the evidence was misleading, the accused may be innocent and the charges would be dropped.

California Embezzlement Attorneys

If you have been accused of embezzlement, it is very important to contact an attorney as soon as possible. The seasoned embezzlement attorneys at the Law Offices of Michael Berg will explore every avenue of defense and aggressively protect your rights. Call attorney Michael Berg today for a free case evaluation.