Most people who think of embezzlement imagine a person stealing from a multi-million dollar company in a very dramatic way. The truth is that anyone who misappropriates money from an employer, an organization, or even a person in certain situations, can be charged with embezzlement. In fact, this is crime is actually a specific type of a more general theft crime.

The main difference between theft and embezzlement is that embezzlement involves stealing property from a person who entrusted you with the property. for example, if you buy a new dress with a company credit card, if you take $20 out of a cash register you are working, or if you let someone use a car that was entrusted in you for repairs, it could be contrasted that you are embezzling.

If you are charged with or suspected of this charge then you should contact an attorney right away. Reach out to Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

The elements of embezzlement

Embezzlement charges can come from a number of different situations. In fact, the definition is rather broad and could cover many different situations. According to Penal Code, the following elements must be present:

• Someone or some organization must have trusted property or funds to you.
• They must have given said property or funds to you because they trusted you.
• You took that property or used it for your personal benefit in a fraudulent way. In order for it to be considered fraudulent, you must have taken advantage of the victim or caused them a loss.
• You intended to deprive the owner to their right to us the property. This does not have to mean that you intended to permanently deprive them of the property.

The prosecution must prove all elements to secure a conviction.

Potential penalties for embezzlement

In California, embezzlement can be charged as grand theft or petty theft. How it will be charge will depend on the value and type of property stolen. Grand theft involves an automobile, a firearm, or any property worth more than $950. Grand theft can be charged as a misdemeanor or felony – expect for cases involve firearms because they are always charged as felonies.

If the grand theft embezzlement is charged as a misdemeanor then the maximum sentence is a year in county jail and up to $1,000 in fines. Felony charges can result in up to three years in prison and fines of up to $10,000. Potential sentencing enhancements include an extra year in prison for property stolen in excess of $65,000, two years if it was worth more than $200,000, three years if it was worth more than $1.3 million, and four extra years if it was worth more than $3.2 million.

You do not want to face any of these penalties and you may not have to. Call Law Office of Michael L. Fell now at (949) 585-9055 for a free legal consultation. We will assess your situation and find the best possible way forward.