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.