Best Defenses for an Embezzlement
California Penal Code 503 PC defines embezzlement as the illegal taking of money or property that has been entrusted to you with the specific intent to deprive the owner.
Embezzlement, a unique form of theft, carries a significant weight as it often involves a trusted employee unlawfully taking money or property from their employer, a breach of the trust placed in them.
Thus, PC 503 embezzlement is frequently called “employee theft” because they simply had consent from the owner to control the company's assets. In other words, they were placed in a position of trust.
Embezzlement is another California “wobbler” offense, a term used to describe crimes that can be charged as either a misdemeanor or felony, depending on the amount of loss and the defendant's criminal history.
In cases where the total value of money or property is more than $950, the prosecutor will file the embezzlement case as a felony. If it is under $950, a misdemeanor case will be filed.
Embezzlement is a non-violent white-collar crime involving some fraud. Closely related crimes include:
- Penal Code 504 PC – embezzlement by a public officer,
- Penal Code 424 PC – misappropriation of public funds,
- Penal Code 470 PC – forgery,
- Penal Code 487 PC – grand theft.
A felony conviction for embezzlement under Penal Code 503 can result in a sentence of up to three years in jail, a stark reminder of the serious consequences of this crime.
For more information, our Los Angeles criminal defense lawyer is providing a review below.
What is Penal Code 503 Embezzlement?
Put simply, embezzlement is unlawfully taking money or property entrusted to you to deprive the owner of the ability to use it.
To be convicted of PC 503 embezzlement, the prosecutor must be able to prove, beyond any reasonable doubt, several factors known as the “elements of the crime.”
These factors are listed under CALCRIM 1806 California Criminal Jury Instructions as follows:
- the owner entrusted their property to you because you were trusted;
- you fraudulently took their property for your benefit and
- you had a specific intent to deprive the owner of its use.
The prosecutor must prove there was a relationship of trust between you and the owner.
Embezzlement typically happens when a company employee takes advantage of their position of trust, which causes some loss to the owner.
Further, to be found guilty, the prosecutor must show you intended to deprive the owner of its use, even temporarily.
Claiming you intended to return the money or property is not considered a valid defense to embezzlement charges.
Punishments for a PC 503 Embezzlement Conviction
Embezzlement can be charged as a misdemeanor or felony. If the property was worth over $950, it could be charged as a felony offense that carries up to three years in custody.
If the property taken was under $950, the prosecutor will file a misdemeanor case with a sentence of up to six months in jail and a fine.
The penalties for an embezzlement conviction could vary widely depending on the level of the theft. For example:
- A first-time embezzlement of money or property worth $400 or less is punishable by only a fine, community service, and informal probation.
- If the amount embezzled exceeds $65,000, an additional year in prison could be added to a prison sentence.
- If the embezzled amount was more significant than $3,200,000, four additional years could be added to the sentence.
If you are placed on informal probation, you must check in with the court to ensure you are paying the fines and completing community service hours. Informal probation means a probation officer does not supervise you, but you must adhere to the court's conditions.
Expungement
If you are convicted of PC 503 embezzlement, you can have the conviction expunged.
An expungement under Penal Code 1203.4 releases you from most of the consequences associated with the conviction, but you must complete probation first.
Defending Penal Code 503 Embezzlement Cases
There are a lot of embezzlement-related offenses that are charged in Santa Barbara County. You want to get an attorney who's experienced in handling these cases, knows how to defend them, knows how to negotiate, and knows how to mitigate them.
Even in cases where you feel you're being wrongly charged with embezzlement, there's hope. With the right defense, it's possible to win your case.
Other times, you're charged the right way, and you need the best to negotiate for you, show all the mitigating factors, and get you the best resolution possible.
This is to keep you out of prison and do everything that can be done for your record, your reputation, and the other consequences that can flow from an embezzlement case in Santa Barbara County.
We might be able to argue you didn't cause any loss, breach a duty of confidence, or take advantage of the alleged victim.
Further, the best defense to embezzlement charges is to show you had no intent to deprive the owner of their ability to use the property.
Special Prosecutors for Large-Scale Embezzlement
Santa Barbara is one of the toughest courthouses in California. There's a small number of offenses prosecuted in those courthouses.
However, Santa Barbara has special prosecutors if they are involved in embezzlement for large dollar amounts. That is all they do.
These prosecutors are responsible for handling embezzlement-related offenses involving large dollar amounts. They have extensive experience and typically seek to send people to prison and recover the money lost.
So, I have you come into my office, sit down, review all the facts and details related to your case, and then decide whether or not the case can be defended.
If it can be defended, we'll put together an investigative plan. I'll send my investigator—a former police officer—with specific instructions about what we need him to do.
Preparing a Mitigation Package
If, on the other hand, we decide that it's not a case that can be defended and we need to negotiate, then we will start to put together a mitigation package.
We're going to start putting together your story so that the prosecutor and the judge have everything related to the offense that helps you. Typically, the police officers and the sheriff's department in Santa Barbara County are not going to put the time and effort in to get your side of the story.
They're not going to investigate things that might help you. They will gather all the evidence they can against you and put you in a position where you must make a deal or take the case to trial.
Once we decide on what we're going to do, we will put a plan together. We're going to work together on the plan so that we both know what needs to be done and we can get the result that you need.
So, if you're charged with embezzlement in Santa Barbara, you've come to the right place. Take the first step now. Pick up the phone. Ask for a meeting with Ron Hedding. Come into my office.
We'll review all the facts and details of your case, and then we'll put together a plan that puts you in the best position possible so that you can use my experience.
