More California Embezzlement 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.
