Often referred to as a “white collar” crime, Embezzlement under California Penal Code Section 503 is a violation of trust. Embezzlement charges in San Bernardino are incurred if you are alleged to have unlawfully taken or used for your own purposes property (usually money) that had been entrusted to you.
This crime occurs most often in situations where employees are entrusted with sums of money or company property. Embezzlement is committed the moment the employee pockets some of the cash or takes the company car on a personal trip. Paying back the money or returning the car will not undo the crime as long as there was a breach in trust.
Embezzlement Charges in San Bernardino
Embezzlement is charged as a theft crime. Depending on the value of the item taken, you can be facing either grand theft (California Penal Code Section 487) or petty theft (California Penal Code Section 488). If the value of the item taken is worth more than $950, then you will be facing grand theft which is punishable by up to 4 years in state prison. Petty theft, on the other hand, carries with it a county jail sentence of up to one year.
Your innocence can be maintained in several different ways. Your criminal defense attorney can argue that you believed in good faith that you were entitled to the property and merely treated it as if it was your own. Evidence that you used the property in an open manner without any attempt to conceal it is one way to show this belief.
Your attorney may also be able to argue that you never had unlawful intentions of using the property for your own use, or that you never intended to take the property. This is usually the case in which property inexplicably falls into an employee’s bag or pocket; without knowledge, there can be no intent.
San Bernardino Embezzlement Defense Attorney
Embezzlement is especially damaging because it can be an insurmountable hindrance when it comes to looking for employment. Potential employers are especially wary of job applicants who have a history of “stealing” from their employers. For this reason, you definitely want to fight this charge and maintain your innocence. Our San Bernardino embezzlement defense attorneys from Wallin & Klarich want to help you do this.
Call us today at 888-749-0034 or fill out our intake form for immediate assistance. Our attorneys are very knowledgeable and can help you achieve the best possible result in your case.