What is Embezzlement in California?

Embezzlement is a serious white collar crime in California that can lead to significant consequences. To learn more and secure the help of an experienced legal professional, read on and contact a Tehama County white collar crimes lawyer today.

How is Embezzlement Defined?

California defines embezzlement under Penal Code § 503, which states “Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted.”

Essentially, this crime occurs when someone unlawfully takes property in a way that breaches trust. When you legally receive money but then use it for a purpose other than what was allowed or instructed to you, it is considered embezzlement. Embezzlement is different from theft or robbery, as the law focuses on the breach of trust rather than the method by which the money was received or taken.

For example, suppose a bookkeeper is entrusted with company funds to pay vendors. Instead of paying them, the bookkeeper secretly transfers some of the money into their personal bank account, intending to keep it and profit. This is considered embezzlement.

How is Embezzlement Proven in Court?

Like any criminal case, the burden of proof falls to the prosecution to demonstrate evidence proving that the defendant is guilty. To be convicted of embezzlement, the prosecution must prove the defendant committed the crime beyond a reasonable doubt. The key elements that must be established include:

• A relationship of trust existed between the defendant and the victim
• The defendant acquired the property because of the position of trust
• The defendant fraudulently used or converted the property for their own benefit
• The defendant intended to deprive the owner of the property

Evidence often includes financial records such as bank statements, ledgers, and unauthorized transactions showing the transfer or use of the entrusted funds for personal gain. Testimony from the victim, co-workers, and forensic accountants is also crucial. The prosecution must demonstrate intent to deprive the owner of their property through this evidence.

What Are the Penalties for Embezzlement in California?

Embezzlement is punished in the same way as theft, based on the value of the property involved. When the property value is $950 or less, it is generally charged as petty theft, which is a misdemeanor. Anything over $950 is grand theft, a wobbler that can be charged as a misdemeanor or felony. The possible penalties for each degree of embezzlement are as follows.

• Misdemeanor: Up to 6 months in county jail, up to $1,000 in fines, probation, restitution, and possible civil penalties
• Felony: 16 months, 2 years, or 3 years in state prison, up to $10,000 in fines, probation, and restitution

There may be enhanced penalties if the value of the property involved is extremely high. Besides criminal repercussions, an embezzlement conviction can result in a loss of employment, professional licensing revocation, immigration consequences, and long-term damage to your reputation and finances.

Reach out to a skilled criminal defense attorney today for more information and legal representation.