Practice Area
California Embezzlement Defense Lawyers
Embezzlement Overview – California Penal Code Section 503
The white collar crime of embezzlement, as defined in California Penal Code Section 503, is the fraudulent appropriation of property by a person to whom it has been entrusted. California embezzlement laws punish the crime as a theft under California Penal Code Section 484.
To illustrate this crime, assume you work as a truck driver delivering cases of beer for your employer. If instead of delivering the beer to the customer you decide to unload the beer into your own garage for all your friends to drink, you have committed embezzlement. It is not necessary that you take all the beer in order for you to be convicted. The intent to deprive the owner of the property, even temporarily, is enough to complete this crime. So the fact that you may have intended to restore the property to its owner is not a defense. Thus, even if you return all the beer from your garage, you can still be convicted of embezzlement.
Embezzlement often occurs in the workplace where employees are entrusted with valuable items by virtue of their employment. Bank tellers, for example, handle large amounts of cash on a daily basis due to the nature of their duties. It often happens in these workplace situations that people are charged with embezzlement when in fact they may have been absent-minded or merely forgetful. Therefore, it is important to have an experienced attorney look at the unique facts of your case and zealously defend you against embezzlement accusations.
The crime of embezzlement is punishable either as a felony or a misdemeanor offense. If the value of the property embezzled is worth more than $400, you can be convicted for felony embezzlement which can bring with it a jail sentence of up to 3 years in state prison and a maximum fine of $10,000. As a misdemeanor offense, involving situations in which the property embezzled amounts to less than $400, a conviction includes up to 6 months in county jail and a maximum fine of $1,000.
Embezzlement is a serious charge that can hinder your livelihood and even jeopardize your freedom. If you are charged with embezzlement, you will need the skill and knowledge of a competent embezzlement attorney on your side. Our attorneys at Wallin and Klarich have over 30 years of experience handling countless embezzlement cases and will raise all viable defenses to aggressively protect your rights. Please call Wallin and Klarich today at 888-280-6839 or visit our website at www.wklaw.com to speak with one of our Orange County embezzlement defense attorneys regarding your matter. We will be there when you call.
More California Theft Information
California Embezzlement Defense Lawyers
Embezzlement Prosecution – California Penal Code Section 503
To show that embezzlement has been committed, the prosecution must prove that:
- An owner or the owner’s agent entrusted (his/her) property to the defendant;
- The owner or owner’s agent did so because (he/she) trusted the defendant;
- The defendant fraudulently (converted/used) that property for (his/her) own benefit; AND
- When the defendant (converted/used) the property, (he/she) intended to deprive the owner of its use.
NOTE:- An “agent” is someone to whom the owner has given complete or partial authority and control over the owner’s property.
- In California, a person acts “fraudulently” when he or she takes undue advantage of another person or causes a loss to that person by breaching a duty, trust or confidence.
The burden is on the prosecution to prove each of these elements in order to achieve an embezzlement conviction. If the prosecutor fails to prove any single element of the crime, the charge against the accused embezzler will likely be dismissed. A competent embezzlement attorney can analyze the facts of your case to identify any available defenses and attack the prosecutor’s assertion of the elements. Our attorneys at Wallin and Klarich have been handling embezzlement cases for over 30 years. Allow us to help you overcome this stressful time. Call today at 888-280-6839 or visit us online at www.wklaw.com. We will be there when you call.
More California Theft Information
- Embezzlement Overview
- Embezzlement Prosecution
- Embezzlement Defenses
- Embezzlement Sentencing
- Embezzlement FAQs
- Client Testimonials: Theft
California Embezzlement Defense Lawyers
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.
More California Theft Information
California Embezzlement Defense Lawyers
Embezzlement Punishment and Penalty – California Penal Code Section 503
In California, every person found guilty of embezzling the property of another may be punished in the manner prescribed under the California Penal Code for theft of property of the value or kind embezzled. Essentially, embezzlement is punishable as a theft offense. The severity of the penalties depends on whether the offense amounts to either grand theft or the less serious petty theft.
Grand Theft – California Penal Code Section 487
Grand theft occurs when the value of the item taken exceeds $400. In California, grand theft is a “wobbler” which means it can be charged as either a felony or misdemeanor. When the theft involves the taking of a firearm, it is a felony that is punishable by imprisoned in state prison for a period of 16 months, 2, or 3 years. In all other cases where the grand theft is a misdemeanor, the defendant shall be imprisoned in county jail or state prison for a period of up to one year. Although specific fines are not detailed in Section 487, they can nonetheless be impose through California Penal Code Section 672, which prescribes a fine of up to $10,000 in addition to any prison term for offenses with no prescribed fine.
Petty Theft – California Penal Code Section 488
Petty theft occurs when the value of the item taken is any amount under $400. It is punishable by a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding six months, or by both. If the value of the property taken amounts to $50 or less, and the defendant does not have any prior theft-related convictions, the charge may be reduced to an infraction which is punishable by a fine of up to $250. See California Penal Code Section 490.1.
In certain limited situations, embezzlement is also punishable as a public offense under California Penal Code Sections 506b and 514. Under Section 506b, a seller of land who receives payment from a buyer under a sales contract, but does not apply the proceeds toward any obligation or encumbrance that may exist on the land, is punishable by a jail sentence of up to one year and/or a maximum fine of $10,000. Section 514 punishes those guilty of embezzling state or federal funds with a jail sentence in state prison and a complete exclusion from thereafter being able to hold public office at any capacity.
Embezzlement in its various forms can have devastating consequences, so it is imperative that you contact an experienced embezzlement attorney if you or a loved one is charged with such a crime. Our attorneys at Wallin & Klarich have over 30 years of experience handling embezzlement cases, and we will fight to defend your rights. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there when you call.
More California Theft Information
- Embezzlement Overview
- Embezzlement Prosecution
- Embezzlement Defenses
- Embezzlement Sentencing
- Embezzlement FAQs
- Client Testimonials: Theft
California Embezzlement Defense Lawyers
Embezzlement FAQs
- If the item that I’m accused of embezzling is not worth much money, can I still be charged with embezzlement?
- Is there any way the embezzlement charges can be reduced to a lesser charge?
- Can I still be charged with embezzlement even though I returned the item I took from my employer?
- What is the difference between grand theft and embezzlement?
- Why is it a good idea to hire an attorney if I am charged with felony 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.
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.
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.
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.
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.
More California Theft Information
- Embezzlement Overview
- Embezzlement Prosecution
- Embezzlement Defenses
- Embezzlement Sentencing
- Embezzlement FAQs
- Client Testimonials: Theft
Testimonials
Theft
After extensive negotiations with the prosecutor, attorney Matt Wallin was able to get the grand theft and petty theft charges against me DISMISSED. I was very relieved and grateful I did not have to report to custody or complete any Shoplifter’s education courses. In addition, attorney Matt Wallin was able to avoid any “admission to guilt” so I will not be deported and there will be no negative immigration and naturalization consequences. Thank you attorney Matt Wallin, from the bottom of my heart.
-WZ
I was arrested and charged with felony grand theft and embezzlement. I was caught stealing over $3,000 in cash from my employer. I was referred to Attorney Matt Wallin of Wallin & Klarich. After meeting with him, my family and I understood the charges against me, the potential consequences, and our approach moving forward to minimize the consequences of my conduct. Attorney Matt Wallin aggressively advocated on my behalf in court with the Judge and Prosecutors.
First, Attorney Matt Wallin was able to negotiate a REDUCTION OF CHARGES from two felony charges down to one misdemeanor charge. Then Attorney Matt Wallin met with the Judge and worked out a deal where I would complete community service and ALL CHARGES AGAINST ME WOULD BE DROPPED AND DISMISSED.
This allowed me to stay out of jail and avoid any felony or misdemeanor criminal conviction on my record. Thank you Attorney Matt Wallin for protecting my rights, my freedom, and my future.
-N. E.
Hello,
I am writing this letter to tell that one of your lawyers did a great job. This was a petty theft case for my husband which was taken care of by Andrei Lapine.
The whole case was dismissed. And now my husband doesn’t have any criminal record and we can keep forward with our Canadian Immigration case.
Me and my husband feel very grateful and appreciate all the job Andrei did.
I should add that unlike other lawyers Mr. Andrei Lapine and his assistant were always available on the phone and were answering all my questions. After this type of experience I got a lesson that the best thing is to deal with a big and well known agency than with a small office one-person company.
Sincerely,
-K. R.
I was charged with petty theft for allegedly stealing merchandise from a major Orange County California department store. Words cannot describe the level of anxiety that came over me when I was contacted by Loss Prevention and then the Police, who arrested me. My mind was racing about the devastating impact a theft conviction (a crime of “moral turpitude” – dishonesty) would be on my life, reputation, and career. Even though shoplifting is generally a misdemeanor I understood that it can be treated more harshly than many felony offenses.
After meeting with and hiring Attorney Matthew B. Wallin of Wallin of Wallin & Klarich my mind was put at ease. Everything was explained to me in terms I could understand and he made him self available to me by email or telephone at anytime.
Attorney Matthew B. Wallin’s knowledge of the law, court, and criminal justice system was apparent from the start. His tremendous relationships with the district attorney and Judge allowed for such a remarkable result. Without me ever having to be present in court Attorney Matthew B. Wallin negotiated a deal where upon completion of a simple six hour theft class, the charges against me would be DISMISSED and I would have no criminal record. Attorney Matthew B. Wallin and his firm Wallin and Klarich stand out with true integrity and compassion.
-KN
“I was arrested and charged with petty theft. I was facing up to 6 months in the county jail. A representative from the store indicated that they had me on video attempting to steal over $250.00 worth of merchandise. I had never been in trouble before and I immediately hired the Law Firm of Wallin & Klarich. They assigned a theft attorney to the case. He fought hard for me and when it was all said and done, the charges were completely dismissed against me. Thank you Wallin & Klarich for your help in this matter, and for being there when I needed you.”
- M. A.
“I didn’t know what to do when I was accused of burglary and grand theft charges. I was certain that I was facing jail time.
I put my faith in Wallin and Klarich due to their years of experience helping people facing similar charges. Thanks to my attorney’s experience and relationship with the DA’s office, she was able to have the most severe charges against me dismissed, and I only incurred a minimal charge of petty theft and a minor punishment. I am grateful to Wallin and Klarich for saving me from jail time, and saving my future record from any permanent damage. If anyone is facing criminal charges I would definitely tell them to put their faith and trust in Wallin and Klarich. I am certainly glad I did.”
-M.H.
“I was arrested for misdemeanor petty theft. I hired Wallin and Klarich to represent me. Due to my attorney’s reputation in the court, she was able to explain to the District Attorney that I made a mistake and have never done anything like this before and would never do this in the future. A misdemeanor charge could affect my employment. My attorney was able to get the District Attorney to dismiss the misdemeanor charge against me. If you are in need of an attorney that is experienced and local to the court, I would highly recommend you hire Wallin and Klarich. They fight for their clients and they get the results.
I was charged with 8 felony counts of credit card theft, grand theft and identity theft. The loss was over $8,000.00. I needed a good attorney. I retained the law offices of Wallin & Klarich and my attorney immediately began to fight my case. Through his aggressive handling of the case, all the felony counts were dropped and I never did a day in jail. I highly recommend them as attorneys.”
-L.M
“Thank you so very much for all of your work on my behalf.
I was charged with a major felony theft crime. I was certain that I would go to prison for a long time. I received a brochure and letter in the mail from your firm. I felt that the firm would help me in this time of great stress and fear. I called you and you provided me with information regarding my situation and made me feel at ease. I was impressed with your experience and the size and reputation of your firm. Other lawyers I spoke to informed me that I was guilty and that they would try to minimize the time I would spend in prison. You never judge me and had faith in my case. And, after negotiating with the district attorney, you were able to keep me out of prison! I am now able to enjoy being with my family and friends because of your efforts!”
-D. D.
“I was arrested for theft totaling more than $400.00. A theft conviction on my record after 17 years of employment could have affected my future employment opportunities. My lawyer was able to resolve my case for a trespass. I am very pleased with my representation by my lawyer at Wallin & Klarich.”
-R. C.
“I was charged with three criminal counts including grand theft concerning $4,500.00. After several court appearances, my attorney at Wallin & Klarich was able to get the case dismissed and helped me avoid any jail time. I am very pleased with my results.”
-O. S.
