Embezzlement Defense Lawyer in Sacramento
Roseville Embezzlement Defense Attorneys
According to the California Penal Code 503, embezzlement is defined as the unlawful use of property entrusted to someone, with the intent to deprive the rightful owner of the use of the property. In other words, when an item or asset has been entrusted to you, and you use it for other purposes outside of your duty, it can be considered embezzlement. In Sacramento County or other parts of California, embezzlement can be considered a white collar crime. However, if the crime is worth more than $950, the offender might be charged with a felony. The higher the embezzled crime, the higher the possible penalties.
Chastaine Jones has more than decades of providing representation as a criminal defense law firm in Northern California. The firm stands on the belief that the defendant has every right to be treated fairly and protect their rights in every possible way. Our proven trial attorneys are ready to help you prepare a strong defense.
Understanding Embezzlement Charges
Embezzlement is a form of criminal theft. Embezzlement is primarily associated with the employer-employee relationship. This can occur in all types of employment. While most theft crimes involve taking or stealing other people’s property, with embezzlement, the property is entrusted to a person, who takes advantage of that position of trust.
How Embezzlement Occurs
Most embezzlement cases occur because of a breach of trust between the owner and the defendant. For an embezzlement case to be charged against the defendant, the prosecutors must provide, beyond any reasonable doubt, an intent from the embezzler to take advantage or use the victim’s property for their benefit – even temporarily. There must have been a relationship of trust between the victim and the accused.
The significant factor is “intent.” Without this, an embezzlement case cannot be charged.
Penalties for Embezzlement
Since embezzlement can be associated with theft, fraud, and other crime, the penalties vary depending on the amount of the theft. If the amount embezzled is less than $950, the defendant can be charged with a misdemeanor or petty theft. This has a maximum sentence of six months county jail time along with possible court fines.
A felony can be charged when the amount is greater than $950. A felony has a maximum sentence of three years jail time. If the embezzled amount exceeded more or less $65,000, one year of jail time or prison could be added. Same with stolen amounts that will exceed $3,200,000 – that can add four years of jail time.
Other Theft Crimes
Just like mentioned earlier, embezzlement is almost always associated with other crimes. Under the California Penal code, few statutory sections have different penalties. Such as:
- Petty theft under California Penal Code Section 484(a)
- Grand theft under California Penal Code Section 487
- Forgery – California Penal Code Section 470
- Burglary – California Penal Code Section 459
- Misappropriation of Public Funds – California Penal Code Section 424
- Receiving Stolen Property – California Penal Code Section 496(a)
Consult An Embezzlement Defense Attorney Today!
Chastaine Jones has a powerful and experienced legal team willing to help you defend the case against you. If you have been charged with embezzlement you can trust our attorneys to find the defense best suited to your case. Call us at (916) 932-7150 or send us an email to arrange your consultation.
