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Defenses to Embezzlement Charges – California Penal Code Section 503
Good Faith Belief
An accused embezzler’s good faith belief that he/she were acting within the scope of his/her authority to use the property is a recognized defense against embezzlement. As long as the person accused of embezzling honestly believed that he/she was entitled to the property in question, it gives rise to a “claim of right” that can defeat an embezzlement charge even if this belief turns out to be wrong or unreasonable under the circumstances. However, this claim of right does not arise in situations where the belief was completely unreasonable.
Lack of Intent to Deprive or Convert
If the accused embezzler did not intend to either use the owner’s property for his/her own benefit or deprive the owner of the use of the property, there cannot be a conviction for embezzlement. This defense is closely linked with the good faith belief defense in showing a lack of criminal intent on the part of the accused.
