According to California Penal Code 503, embezzlement is the act of misappropriation of property or money that is entrusted to you for your gain. Under California law, the court can charge you with embezzlement if you steal from your employer who has entrusted the care or management of the property to you. The judge can sentence you to a lengthy prison term and fine you if the court finds you liable for the offense. The prosecution must prove specific facts of the crime, otherwise known as the elements of the crime, for the court to find you liable for the offense. The detection of embezzlement is an essential responsibility of any business. However, embezzlement can be challenging to detect and often requires you to enlist the services of an attorney and embezzlement detection specialists.

If you or your loved one is facing embezzlement charges in California, you need to enlist the services of a well-experienced criminal attorney. At California Criminal Lawyer Group, we have represented numerous defendants charged with the offense. We are well versed with the California justice system, and our team is committed to giving you first-rate legal representation. Contact us today if you have been accused of committing grand theft in Santa Ana.

Understanding More About Embezzlement In California

According to California PC 503, it is a crime to embezzle. According to the statute, embezzlement involves misappropriating any property, including funds that have been entrusted to you. In California, the court can charge the offense as a felony or misdemeanor depending on the circumstances of the case and the value of the embezzled property. The court will charge the offense as grand theft if you have embezzled more than $950. If the amount is less than $950, the court will charge the offense as a petty theft offense. In California, you can present various defenses against the charge. However, you should enlist the services of a California defense lawyer to present you in court. The penalty depends on the amount of value you have embezzled. The punishment also depends on other mitigating and aggravating factors.

When Can The Court Charge The Offense As A Misdemeanor

In California, the court can charge embezzlement as a misdemeanor under two circumstances. The first circumstance is when the prosecution charges the offense as a misdemeanor other than a felony. Secondly, when you embezzle property or cash worth $950 or less. Under California law, if the prosecution charges the offense as a misdemeanor, the court can sentence you to a maximum jail term of six months.

Circumstances Under Which The Prosecution Charges The Offense As Grand Theft

In California, the prosecution will charge the offense as grand theft if the property is a firearm, a vehicle, or the property's value is more than $950. However, the court will always charge the offense as a felony if you embezzle a firearm.

What The Prosecution Must Prove To Charge You With Embezzlement

According to the law, it is an offense to embezzle. However, the prosecution must prove specific facts of the crime for the court to find you liable for the offense. These facts are called the elements of the crime, which the prosecution must prove beyond a reasonable doubt to convict you of the crime. According to the law, the prosecution must show that the owner entrusted their property to you. The prosecutor must also prove that the owner entrusted the property to you because they trusted in you. The prosecution must also prove you fraudulently used the goods to your benefit and that you had the intention to deprive the owner of the property’s use. Remember, the law does not obligate the owner to ask you to return their property for you to be liable for the offense.

Understanding The Terms Used To Define The Element Of The Crime

It is also critical to understand the terms used in the elements of the crime. The terms the prosecution uses when prosecuting you of the crime include intent to deprive, trust or relationship, fraudulent use.

  1. Meaning Of Relationship Of Trust In An Embezzlement Charge

The prosecution must show trust existed between you and the property owner. Some instances of the relation of trust include the relationship between an employer and an employee. The owner gives you material possession of their property or the task to manage the property on their behalf. According to the law, an employer-employee relationship is not enough evidence to prove a relationship of trust.

The prosecution must show that a relationship of trust did exist between you and your employer. For example, the prosecution cannot state a relationship of trust exists if you only serve tables or wash dishes at the local drive-through where you work. On the other hand, if the establishment owner trusts you enough to deposit the drive-through cash into the bank, the prosecution can argue a relation of trust does exist between you and your employer.

  1. Using The Property Fraudulently

Under California PC 503, the court can charge you with the offense if you act fraudulently by taking advantage of another person or cause a person to suffer losses by breaching their confidence, trust, or obligation.

Example.

You are a student who works as a babysitter on your free days. The parents of the kids you are babysitting give you their credit card to shop for the family’s groceries. However, one day, you fall into deep debt, and you decide to use the parent’s credit card to pay off your debts. The prosecution can charge you with embezzlement in such a case because you fraudulently used the credit card to pay for your debt without the owner’s authorization. The prosecution will argue that you took advantage of another person (the parents) and caused them to suffer losses by breaching their confidence, trust, or obligation.

  1. The Intention To Derive

The court can only find you guilty of the crime if you had the intention to deprive the owner of their property or its use. The judge can find you guilty for the crime even if you temporarily deprived or intended to deprive the owner of their property or its use. Your intention to deprive does not have to be long-term or permanent.

Example:

You work at a high-end store where you sell high-priced jewelry. One day, you hide a highly-priced diamond ring as a joke to scare your employer. In such a case, although you might receive some reprimand, you are not guilty of embezzlement since you did not intend to deprive your employer of the ring. However, should you take the ring and hide it to sell it after work, the court can find you liable for contravening California PC 503.

Penalties For Embezzlement In California

In California, the prosecution can charge the offense of embezzlement as either a felony or a misdemeanor. The prosecution will charge the offense as a felony if you embezzle a firearm. If the cash or property value is less than $950, the court will usually charge the offense as a misdemeanor. Under California law, if the property’s worth or the cash is more than $950, the court will charge the offense as grand theft under California Penal Code 487 PC. If the property’s worth or the cash is less than $950, the court will charge the offense as petty theft under California Penal Code 488 PC.

If the court categorizes the offense as grand theft, the prosecution can charge it as a felony or misdemeanor. If the prosecution charges the offense as a misdemeanor, the judge could sentence you to a maximum jail term of one year. If the court charges the offense as a felony, the judge could sentence you to a maximum prison term of three years.

The Aggravating And Mitigating Factors While Dealing With A Felony Embezzlement Charge

When the court charges the embezzlement offense as a felony, your case may be affected by mitigating or aggravating factors. Aggravating factors are circumstances that would make the sentencing harsher. For example, you are likely to receive a harsher punishment if your victim is an older adult or a person with some disability, either mental or physical, that makes it difficult for them to function correctly.

On the other hand, mitigation factors are likely to make the punishment less severe. The judge could reduce the punishment if you return the embezzled property. However, you must have done so before you are charged.

Defenses You Can Present Against The Charge Of Embezzlement In California.

If you’re accused of embezzlement in California, you can assert several defenses in court. For example, you could argue that you did not commit the alleged embezzlement. You can also state that you had the victim’s consent to take their property. Or, you could claim you believed the property you allegedly took was yours. You could also state you did not intend to commit the alleged offense or that you had no idea that the property you allegedly took was worth so much money.

Below are the defenses you can present in court in more detail.

  1. You Did Not Use The Property Fraudulently

According to the law, you can only be guilty of the offense if you use the property fraudulently. You can argue that you did not take advantage of another person, nor did you cause the other person to suffer losses by breaching their confidence, trust, or obligation.

  1. Right To Property

You can also argue you believed the property or money belonged to you, and you, therefore, had the right to the property or money. However, you will have to convince the judge and the jury why you believed you had a right to the property. Remember, you can use the defense of the right to the property even if your belief is mistaken.

Example.

You work at a retail store, and a customer walks in. After shopping, they pay in cash, but instead of handing them their change, you pocket it. When the manager comes over to investigate, you state you pocketed the change in the belief the change was payment for a debt the customer owes you. In such a case, you may state you believed the money belonged to you as payment for your debt.

  1. You Did Not Intend To Deprive

You can also state you did not intend to deprive. Remember, the burden of proof lies on the prosecution. This means that the prosecution needs to prove that you committed the alleged offense beyond a reasonable doubt. If you face embezzlement or misappropriation of funds charges from your employer, you can argue you did not have criminal intent.

However, you cannot state that you intended to return the property as a form of defense after you have already been charged with the offense.

Signs Of Embezzlement You Should Watch Out For

Contacting an attorney if you suspect your employees are embolizing property or funds is critical. The following are some of the most common signs of embezzlement.

  • Late payment for goods or services
  • Accounts payable or receivable are significantly less than usual
  • Checks or cash missing from an establishment or your bank account
  • Suspicious bank or credit card activity
  • The employee is acting secretive or evasive

The above are some of the most common signs of embezzlement. It is critical to take action when you suspect your employees are involved in embezzlement. The best way to detect embezzlement is by constantly monitoring your employee’s actions and the business’s financial reports. You can take many courses of action when you suspect your employees are embezzling cash or property from you. You may choose to terminate the employee, suspend the employee pending the investigation, or deny the employee access to the business’s funds pending the completion of the investigation.

However, the most crucial step in the embezzlement detection process is an internal and external audit. The audit will provide valuable insight into your employees’ actions. It will also help you identify any gaps in your embezzlement detection process and prompt you to take the necessary steps to close those gaps. Doing so will help your business save money and improve overall compliance. The same audit can also uncover other risk areas within the business. Some of these areas include the need for additional security measures, which you can address by implementing cost-effective security measures such as installing a security camera system. In addition, the audit can identify non-compliance on the part of the employee, which you can address through the implementation of management oversight.

Is Embezzlement A Criminal Or Civil Crime In California?

In California, embezzlement is a criminal offense punishable by up to three years in state prison. However, embezzlement can also be a civil offense, with fines, restitution, or other remedies.

Embezzlement is the act of stealing money or property by various means. In most states, embezzlement is a crime. It can be a misdemeanor or a felony depending on certain factors, such as stolen money. Most states also have civil statutes related to embezzlement. California has embezzlement statutes that are both civil and criminal.

How To Investigate Embezzlement In California

When you suspect that an employee is embezzling money, the first step is to investigate the situation. This can be a challenging process, but it’s essential to identify and correct the problem as soon as possible. In some cases, you may not need an investigation. For example, you may discover an unauthorized bank withdrawal and ask the employee about it, and they admit they have been embezzling cash from your organization. However, in other cases, it may be necessary to investigate further so that you can have enough evidence to confront the employee.

Confronting an employee stealing money from the company is a challenging process. It may be necessary to employ the services of lawyers and financial experts because embezzlement is sometimes very sophisticated. In addition, the employee may try to cover their tracks by destroying records or deleting files. It’s essential to carefully document all information and evidence you gather during the investigation. It’s also important to remember that the embezzler will often be well aware of the investigation and may destroy or tamper with evidence. Therefore, you need to be extra vigilant.

Effects Of Embezzlement On A Business

When an employee embezzles funds, the embezzlement can have devastating effects on the company's finances and operations. Embezzlement can cause your company's cash flow to become strained. A strained cash flow can cause you not to pay your bills on time. Embezzlement can cause a company's operations to become inefficient, reducing the company's productivity. Embezzlement can also cause your financial records to become inaccurate and messy.

Embezzlement can cause a company's stock to drop, leading to the drop of the company's value. It can also lead to job loss if the embezzlement is on a grand scale since the company can no longer meet its financial obligation.

The Difference Between Embezzlement And Theft

Embezzlement is the act of stealing from an organization by an individual who has been entrusted with the organization’s funds or property. Theft is the act of stealing from an organization without having been given access to the organization’s funds or property. In other words, embezzlement involves a certain amount of trust and access, while theft does not. Although embezzlement and theft are often synonyms, they are two separate and distinct actions.

Example:

You enter a store and steal a wristwatch. However, you are the cashier at the same store. You proceed to steal $2,000 from the cash register, and you use it for your personal use. The prosecution can charge you with both grand theft and embezzlement charges. The court could charge you with grand theft for stealing the watch. The court will also charge you with embezzlement because the store owner entrusted you with the finances as the cashier, yet you took money for your gain.

The law differentiates between grand and petty theft depending on the item or its value. The court will charge you with petty theft if you steal an item valued at $950 or less. However, embezzlement does not have such a distinction, and the court will charge you with the offense no matter the value of the property or money you embezzle.

Can The Court Expunge Your Embezzlement Charge In California?

In California, the court can expunge your embezzlement charge under certain circumstances. The court can expunge your charges if you complete your probation or your jail term, whichever applies. The judge can also expunge your charges even if you violate the parole conditions, but the decision to do so is upon the judge’s discretion.

Immigration Consequences Of Embezzlement

If you are convicted of embezzlement in California, the charge may have negative consequences on your immigration status. In some cases, when the court charges you with the crime, the authorities can deport you from the country if you are a non-citizen. The authorities can also mark you as non-admissible which means you cannot gain entry into the country.

What is Public Embezzlement?

Embezzlement of public money is the criminal act of misappropriating funds meant for a person or group in a position of authority for a public purpose. Public embezzlement differs from embezzlement against a person in that it is a crime against the state rather than against an individual.

Call A Santa Ana Criminal Lawyer Near Me.

Embezzlement is a crime you commit against another person or organization by dishonestly appropriating their property or other assets for one's use. It is a form of fraud and you often perpetuate it if you are in a position of trust or authority with the organization or person whom you commit the offense of embezzlement. Employees have committed embezzlement against their employers, owners, and managers of businesses against their partners and shareholders, government officials, and politicians against the public they are elected to serve. Anyone with access to another's property or other assets, and the desire to take those assets for their use can commit the offense.

However, the offense can have far-reaching consequences that affect your public and private life. The court can charge you hefty fines or send you to prison. It is therefore critical to enlist the services of a highly qualified criminal lawyer to help you fight the charges. At California Criminal Lawyer Group, we have a wealth of experience representing clients facing embezzlement charges in California. If you face embezzlement charges in Santa Ana, CA, we are here to offer unparalleled legal assistance. Therefore, do not hesitate to contact us at 714-844-4151 to book an appointment.