California Embezzlement Penal Code Section 503 PC
California embezzlement charges are categorized as white collar crime and theft crime which involves a defendant to unlawfully take property from another person which has entrusted the defendant with their property.California Penal Code Section 503 PC governs embezzlement charges. Generally, people charged with embezzlement are employees that have committed an theft. It is vital for your case that you consult with a experienced embezzlement defense attorney in the early stages of criminal proceedings. Generally, it is a good idea to contact an California criminal defense attorney after you have been arrested.
How to Prove Embezzlement in California?
California embezzlement charges require the prosecution to prove the following:
- The defendant fraudulently took property from another
- Defendant intended to permanently deprive the owner of his or her property
- Owner entrusted his or her property to the defendant
- The defendant fraudulently converted or used that property for his or her own benefit
Penalties for Embezzlement Charged as Felony
- 16 months or two (2) years or three (3) years in California state prison; and/or
- A fine of up to ten thousand dollars ($10,000)
Defenses for Embezzlement in California
Lake of Intent to Commit the Embezzlement: In criminal law, most crimes require the prosecution to prove that the defendant had an intent to commit that crime. If the defendant lacked intent, your embezzlement charge may be dismissed. For instance, the defendant may have believed in good faith that they were the true owner of the money or property that you are accused of embezzling.
False Accusations: Very often business partners accuse one another of embezzlement in property that you may have not embezzled. Often both you and your business partner might have an interest in or the rights to that property.
Duress: Duress occurs when the defendant commits a crime because he or she truly believes that they will be in some danger or harm if they do not commit a crime. For instance, one way to successfully use the defense of duress in embezzlement charges, is when the defendant fear to lose his or her job if they refused to participated in the embezzlement scheme.
Embezzlement charges can carry stiff penalties. Thus is is vital that you consult with a experienced Los Angeles embezzlement defense attorney as soon as possible. If you or a loved one has been accused of embezzlement, we invite you to contact our office at (213) 401-2777 for a free consultation. Our experienced criminal defense attorney will carefully review the facts of your case and consult with you on your options.