Will I Go to Jail If Charged with Embezzlement?
In California, embezzlement is covered under Penal Code 503 PC. It is generally described as taking money or property entrusted to you with the intent to deprive the owner of it.
This statute is frequently called “employee theft” because the employees had permission from their employer to have control over the property because they were trusted.
This means PC 503 PC embezzlement often occurs when an employee takes advantage of their position of trust and fraudulently takes money or property for their benefit.
Penal Code 504 PC misappropriation by a public officer is a closely related statute that a prosecutor can use in cases of embezzlement of public funds or property.
Other embezzlement-related crimes include California Penal Code 470 PC forgery and Penal Code 424 PC misappropriation of public funds.
Embezzlement is known as a “wobbler” because the prosecutor can file the case as either a misdemeanor or felony offense, such as:
- if the total value of the property in question is under $950, then it will be filed as a misdemeanor;
- if the value exceeds $950, a felony case could be filed.
For additional information, our Los Angeles criminal attorneys provide an overview below.
Elements of a PC 503 Embezzlement Crime
Penal Code 503 PC defines embezzlement as unlawfully taking property entrusted to you.
For a prosecutor to convict you, they will have to prove several factors that are called the “elements of the crime,” which are listed under CALCRIM 1806 California Criminal Jury Instructions:
- the owner trusted the defendant and thus entrusted their money or property to them;
- the defendant unlawfully took the owner's money or property for their benefit, and
- the defendant intended to deprive the owner of its use.
As you can see, PC 503 embezzlement cases require a prosecutor to prove that a relationship of trust existed between the property owner and the defendant.
This essentially means the property owner initially gave the defendant consent to control or manage their property. This is what separates embezzlement from a normal theft-related crime, such as shoplifting or burglary.
In other words, a prosecutor needs to prove that the employee breached a duty of trust by fraudulently taking an owner's property, which caused them some form of loss.
In cases where a defendant claims they intended to return the property to the owner, it would not be considered a valid defense.
Penalties for PC 503 Embezzlement
Penal Code 503 embezzlement is penalized by either a PC 487 grand theft or a PC 488 petty theft, depending on the value and type of stolen property.
If charged as a PC 487 grand theft, it's a “wobbler” that can be filed as a misdemeanor or felony. A misdemeanor conviction is punishable by:
- up to one year in county jail,
- a fine up to $1,000.
A felony grand theft conviction in California is punishable by:
- up to three years in jail,
- a fine of up to $10,000.
A misdemeanor petty theft conviction is punishable by up to six months in a county jail.
Avoid Jail by Paying Back the Money Taken
I've been handling Penal Code 503 PC embezzlement cases for almost thirty years in Los Angeles County and all surrounding counties.
It's a very serious crime because the person who is typically involved in the embezzlement and who is a defendant in the case is:
- usually in a position of trust, and
- they're taking advantage of their employer.
Of course, the authorities hate that, and they're going to be looking to put the person in prison or jail to punish them.
This is because that's the worst thing they can typically do to them, aside from making them pay whatever money back that was taken. Of course, they're going to do that, as well.
But one thing that I have seen that relates to the money and the jail/prison time is whether you can pay the money back.
If somebody steals money and the authorities can prove it and the person is charged with embezzlement and they don't want to go to prison and be ordered to pay the money back, then what they can do a lot of times if trying to come up with the money upfront.
That's a recipe for success if you're charged with embezzlement in California. You don't want to go to jail, and you don't want to go to prison.
Avoid Jail by Retaining an Experienced Criminal Lawyer
Another recipe for success in these embezzlement cases is hiring a seasoned criminal defense attorney who knows how to either fight them or mitigate them, depending on the circumstances.
I've been handling these cases now for quite some time, and I can tell you right now the factors the prosecutors are looking at are:
- your criminal record,
- what you did how many victims were involved,
- how much loss was involved,
- How badly did you hurt the victim financially?
There are also a host of other factors that would be dependent on what type of embezzlement case you have:
- what was your position?
- what did you do?
- were other defendants involved?
A whole host of questions will be considered when deciding what to do with you.
Developing a Solution in a Complex Embezzlement Case
When discussing complex situations like this, sometimes they require a complex solution. So, having a criminal defense attorney who knows how to come up with a solution, not in a cookie-cutter fashion, but:
- based on what happened in your specific case; and
- how it's going to impact you.
You don't want to go to prison for five years. You want to continue to make money, continue to support yourself and your family, and take care of your case the right way.
Just going to prison and being ordered to pay the money kills you because you can't make any money. After all, you're in jail, and when you get out of prison, you still owe the money. So, that doesn't do you any good.
It would be best if you had a criminal defense attorney who is solution-oriented when it comes to these embezzlement cases in California. It would be best to have someone savvy, sophisticated, and know how to handle criminal cases.
I came from a background of taking the attitude in the early 1990s, after I graduated from law school, that I was going to figure out how to be the best criminal defense attorney possible.
What I came up with is that I first worked for the prosecutors. I worked for a judge, and then I decided to be the best criminal defense lawyer I could, having the perspective of the two other entities I have to deal with in these cases.
Prosecutors also deal with the police, so I dealt with the police when I worked for the District Attorney's office in the early 1990s. I worked with a judge to see how he came up with solutions to problems.
So, if you're charged with embezzlement, you will clearly want to get the best possible result and stay out of jail or prison. You also want to protect yourself for the future and set things up to be successful, not just serve that long prison sentence and come out with all kinds of debt.
You want to devise the best game plan that makes sense for you. You've got to realize how the prosecutors and judge perceive things and then devise a plan to give them what they want so you can get what you want. Pick up the phone now. Take the first step. Ask for a meeting with Ronald Hedding. I stand ready to help you achieve the best result.
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