What is the crime of embezzlement?
Embezzlement is a type of fraudulent theft whereby one as a result of dishonestly steals assets which have been entrusted to him. For instance, a clerk or cashier handling money could embezzle cash from his or her employer, a manager could embezzle funds from company bank account, a financial advisor could embezzle funds from investors, or a spouse could embezzle funds from his or her partner. Embezzlement is generally performed in a sneaky manner that is premeditated, systematic and methodical, with the explicit intent to conceal the activities from other individuals, usually because it is being done without their knowledge or consent.
Embezzlement Criminal Defense Attorney Los Angeles Pasadena Van Nuys Long Beach Burbank Glendale
In California, embezzlement is a statutory offense. Typical elements are (1) the fraudulent (2) conversion (3) of the property (4) of another (5) by a person who has lawful possession of the property.
What is the difference between embezzlement and Theft?
For embezzlement, the defendant must have been in lawful possession of the property at the time of the fraudulent conversion and not have mere custody of the property. If the defendant had lawful possession, the crime is embezzlement. If the defendant merely had custody, the crime is theft. Determining whether a particular person had lawful possession or mere custody depends on the facts and circumstances of the case.
What are the penalties for embezzlement in California?
In California, embezzlement is a type of theft crime that involves the misappropriation of funds that have been entrusted to an individual in a position of trust, such as an employee or an officer of a corporation. The penalties for embezzlement in California depend on the amount of money involved in the crime.
If the amount of money embezzled is less than $950, the offense is charged as a misdemeanor, which can result in:
– Imprisonment in county jail for up to one year
– A fine of up to $1,000
If the amount of money embezzled is $950 or more, the offense is charged as a felony and can result in:
– Imprisonment in state prison for two, three, or four years
– A fine of up to $10,000
If the amount of money embezzled is over $65,000, the defendant can face imprisonment in state prison for up to five years.
In addition to criminal penalties, a conviction for embezzlement can also result in civil penalties, including fines and restitution to the victim. A conviction for embezzlement can also have long-term consequences, including difficulty obtaining credit or employment in the future.
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What are some of the Defenses to Embezzlement?
1. Claim of mistake that the property or money belonged to himself
2. Claim that the property was not taken for a substantial amount of time, or was never in possession of the suspect.
3. Claim that the rightful owner gave consent to the taking of the property or money.
Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.
