Penal Code 503 PC (Now 484/487)
Embezzlement is in the employee context. An employee who had the right to the property now has embezzled the property with no intent to return it.
Common defenses to these crimes include lack of intent. It is very difficult to prove what is going on in someone’s mind at the time the alleged crime was committed. You will need a very experienced lawyer to understand how the make the jury understand your clients side of the story.
Another common defense is a claim of right or consent. If one has a right to take the property back as theirs then this is not a theft and of course if another consents to the taking of the property then that is not a theft.
When you think of being charged with theft, you usually picture stealing something from a home or store, such as a car, a TV, or jewelry. But did you know that embezzlement is considered a form of theft as well?
What is embezzlement? Embezzlement in California is defined as unlawfully taking something from another that has been entrusted to you. The most common embezzlement charges are seen in employment situations, where you may handle the cash that comes into the store, or manage someone’s estate or property. What makes embezzlement different from theft, however, is that element of trust. There must be a relationship of trust established, with proof that you both had a legal right to access the property and knowingly deprived the other person or company of what was rightfully theirs.
When charged with embezzlement, you can be convicted of petty theft if the value is $950 or less or with grand theft if the amount is more than $950. In fact, depending on the severity of the embezzlement charges, you could face up to two to three years in prison and a $10,000 fine.
As this is most commonly seen in employment situations, receiving such a charge can jeopardize your future career and chances at employment. Any embezzlement charge, whether big or small, should be handled by professionals. Bradley R. Corbett and our team are skilled San Diego embezzlement attorneys who understand the stigma that an embezzlement charge can carry. Make sure you are fairly represented and have the best team handling your case – contact our San Diego embezzlement defense attorneys today for your free consultation.