California Embezzlement Defense Lawyers

Embezzlement FAQs

1. If the item that I’m accused of embezzling is not worth much money, can I still be charged with embezzlement?

Yes. You can still be charged with misdemeanor embezzlement as long as the value of the item allegedly embezzled is less than $400. However, if the value of the item taken is less than $50 and you have no prior theft convictions, an embezzlement attorney can request to have the charge reduced to an infraction, which means you can avoid jail time and would only have to pay a fine of up to $250.

2. Is there any way the embezzlement charges can be reduced to a lesser charge?

Yes. If the prosecuting attorney is unable to prove all the elements necessary to convict you of embezzlement, then the charge can be reduced to the less serious crimes of petty theft (Penal Code Section 468) or attempted theft (Penal Code Sections 664 and 484). These lesser crimes involve much less serious consequences.

3. Can I still be charged with embezzlement even though I returned the item I took from my employer?

Unfortunately, you can still be charged and convicted of embezzlement even if you return the item. The crime is completed the moment you took or used the item that was entrusted to you for your own personal benefit. As long as you deprived the owner of the use of the item, even temporarily, you may still face embezzlement charges.

4. What is the difference between grand theft and embezzlement?

Embezzlement is the unlawful taking or using of any property of another that was entrusted to you, and it is punishable regardless of the amount taken. Grand theft, on the other hand, is the unlawful taking of any property with a value that specifically exceeds $400. Under embezzlement, the charge is not that you were in possession of the item allegedly embezzled – the charge is that you exceeded your authority in the item by using it for your own benefit without prior permission. The charge of grand theft alleges that your possession of the item was wrongful because you wrongfully obtained it.

5. Why is it a good idea to hire an attorney if I am charged with felony embezzlement?

Felony embezzlement is a very serious charge in that a conviction may carry with it the most severe and debilitating penalties. You can face up to 3 years in state prison and a maximum fine of $10,000. Considering these potential results, it is imperative that you have an experienced embezzlement attorney on your side to help you formulate your defense and protect your rights.