Embezzlement Defense Attorney in Sacramento County, California

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. Some defendants who have been charged with embezzlement sometimes neglect their case. Those arrested can be helped by seeking out the best embezzlement criminal defense lawyer in your local state. By working with the best criminal defense attorney, you can gather all the evidence, prove that the case is misleading, and drop the charge against you. 

Chastaine Jones has more than decades of providing the best service 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. 

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Embezzlement

In other words, embezzlement can be considered a form of criminal theft. While most theft crimes involve taking or stealing other people’s property, the property is entrusted to a person in embezzlement. Yet, they use it to gain personal benefits without the legal rights to do so. It is also essential to understand that there’s a difference between possession and ownership. Because most embezzling crimes are associated with theft, the difference is that the offender in embezzlement possesses the property but does not have any legal rights or claims to ownership. This is a critical reminder as many people can keep an item or property but do not have any claim of rights to use it for their benefit. 

Embezzlement is also primarily associated with the employer-employee setup. This can occur in all types of employment. Either on a white-collar, blue-collar, retail, and much more. 

Another case of embezzlement is fraud. When an offender obtains the property through fraudulent action, in this case, aside from an embezzlement charge, the offender might also face other charges such as fraud.

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, and 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

Since embezzlement can be associated with theft, fraud, and other crime, the penalties vary depending on the severity of the case. Often, the case charged is a combination of embezzlement and theft – depending on the value of the property used or taken. The punishments or penalties can also range from monetary fines, restitution to victims of incarceration. 

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 ail time along with possible court fines.

If the amount exceeds a certain amount, the defendant can be charged with either misdemeanor or felony. A much severe case that 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.

Embezzlement Related Offenses

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)

Possible Legal Defenses

Because the penalties can vary from small to big, it is essential to work with your trusted and well-experienced embezzlement criminal defense attorney. To minimize possible penalties and charges, the defendant must provide sufficient evidence to drop the embezzlement charge or any misappropriation charge. 

 

Consult an Embezzlement Defense Attorney Today!

If you face charges of embezzlement and other associated crimes, it is crucial to reach out to your attorneys. If you are from Sacramento County, you can book a consultation schedule NOW to start your case. You can also call us at 916-890-0636.

The Chastaine Jones is a powerful and experienced legal team willing to help you defend the case against you. Whether it is embezzlement, assault & battery, sex crime, or other criminal misconduct, the firm is someone you can trust for your case. 

Our professional and experienced attorneys also received an award from US Business News, Legal Elite Awards 2020 as the Best Criminal Defense Firm in Northern California in 2020. Because of this achievement, we guarantee our best effort and professionalism to help you in your case.

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