Hedding Law Firm

Embezzlement – California Penal Code Section 503

Concerns About Having an Embezzlement Case in Los Angeles

EmbezzlementIf you or someone you know is facing charges of embezzlement under California Penal Code 503, our Los Angeles crminal defense law firm can help you. We have a combined 75 years of experience and have handled thousands of criminal cases including embezzlement.

Embezzlement is the fraudulent appropriation of property by a person to whom the property has been entrusted. It is more complicated than the other theft crimes. With embezzlement, there are long trails of evidence and investigations that lead to a defendant. Our Lawyers understand the complexity of these cases and what we do is sort through all the details, all the evidence and build a strong and persuasive case in favor of our clients.

Employee Involvement in Embezzlement Cases

These embezzlement cases can be tricky in Los Angeles.  They usually involve an employee or someone in a position of trust in a business or some sort of a store — even a mom-and-pop store.

The prosecutors don’t like these cases because they feel like the person is really doing something wrong.  They’re hurting their boss, and usually there’s some sophisticated involved — some sneakiness that the prosecutors perceive as being very bad and they really want to punish these embezzlement cases.

So, you need to come up with a strong defense for your embezzlement case — like you’re not guilty. You didn’t do anything wrong.  You had permission.  Whatever the case may be.  Or, you want to come up with some strong mitigating factors to show that this is an aberration.  It’s never going to happen again. I’m going to pay the boss back.  I’m going to make them whole, and you obviously apologize to them and that’s the end of it.

Reviewing Strategies for Your Embezzlement Case

So, the first move we’re making in an embezzlement case is deciding whether the prosecutors have the goods on you.  Penal Code 503 embezzlement can be charged as either a misdemeanor or felony case. If they do, then we’re going to take a certain approach.  We’re going to take a mitigation approach.  If they don’t have the goods and we’re going to fight the case, then we’re going to investigate it.

We’re going to set the case up and we’re going to get ready to present our case to first the judge through a preliminary hearing if the case is charged as a felony, and ultimately the jury will decide whether you’re innocent or guilty of an embezzlement charge.

As far as defenses for embezzlement go, it’s going to depend on the type of case it is — what happened; who’s involved; how much money is involved; what evidence they have that you actually took the money.  I’ve had some cases where they can’t even barely figure out who took the money.  It could have been any employee and people are using different people’s codes, and so a lot of these cases are not so easy for the police and prosecutors to prove.

That’s why it’s so important right from the beginning when it comes to embezzlement in Los Angeles is number one, get an attorney who obviously has experience with this type of a crime; but number two, to make a determination as to whether or not this is something you really have a chance to win if you fight it.

Because obviously, you don’t want to strangle with the dragon if you’re not going to kill the dragon.  You don’t want to try to defend an embezzlement case if you’re not going to win it, because if you fight it and you lose, you’re probably going to be punished much more harshly than if you just had your attorney work out a deal with the prosecutors or the judge on the case.

Experience Matters in Embezzlement Cases

So, this is the first important thing that needs to be done.  It can be done very effectively by somebody who has experience, knowledge, has done these embezzlement cases in California, has a good feel for how the prosecutors handle them, what evidence is necessary to prove them, how judges deal with them because that’s another important thing, and usually one of the biggest things

I see in embezzlement cases is what they call restitution — where they want you to make the victim whole.  They want you to pay them back.  And if you can pay them back up front, you put yourself in a pretty strong position.  If you can’t pay them back up front, then we’re going to need to come up with a different plan that makes sense for you, taking into account obviously, that the prosecutors are going to hold that against you if this person is out the money and it’s going to take you a long time to pay it back.

You’re going to be ordered by the judge to pay it back anyway, but if you’re paying it back slowly over time, that’s not as effective at getting a good result as if you could pay the money back right from the beginning.

So, pick up the phone.  Let’s sit down and talk about your embezzlement case.  We’ll really get a feel for how serious it is and what I can do to help you get a successful result and get out of the criminal justice system as fast as possible.

Our California criminal defense attorneys have the resources, the legal skills, and legal strategy to effectively, efficiently, and competently handle your case. So, if you or someone you know is facing these charges do not hesitate and contact our embezzlement attorneys and set up a free face to face consultation.

Also See:
Will I Get Jail Time for a White Collar Crime in California?
Will I Go to Jail If Charged with Embezzlement?
Best Defenses for an Embezzlement Case in Santa Barbara

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Ronald D. Hedding, ESQ.

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