Embezzlement is one of the most common white-collar crimes in California, often involving trusted employees, business partners, or professionals accused of misusing money or property for personal gain. Because these cases involve a breach of trust, prosecutors take them very seriously, and the penalties can be severe.
If you have been accused, it’s essential to understand how California defines embezzlement, the potential consequences, and the defenses that may help protect your future. At Law Office of Michael L. Fell, we have extensive experience defending clients against complex financial allegations.
What Is Embezzlement in California?
Under California Penal Code 503, embezzlement is defined as fraudulently appropriating property that has been entrusted to you. This means that if you were given access to money, property, or assets for a legitimate purpose, but then allegedly used them for your own benefit, you could face embezzlement charges.
Examples include:
- An employee using company funds for personal expenses,
- A business partner diverting profits into personal accounts,
- A caretaker accused of misusing funds belonging to an elderly person,
- A professional accused of overbilling clients.
Penalties for Embezzlement
The severity of the penalties depends on the value of the property taken:
- Petty theft embezzlement: If the value is less than $950, it is generally charged as a misdemeanor. Penalties include up to six months in county jail and fines up to $1,000.
- Grand theft embezzlement: If the value is more than $950, it may be charged as either a misdemeanor or a felony. Felony penalties include up to three years in state prison and fines up to $10,000.
In addition to jail or prison, embezzlement convictions often require restitution to victims and can result in permanent damage to your career and professional reputation.
What Prosecutors Must Prove
To convict someone of embezzlement, prosecutors must establish:
- That the property was entrusted to you by another person,
- That you fraudulently took or used the property for your own benefit,
- That you intended to deprive the owner of its use, even temporarily.
Because the law requires proof of intent, prosecutors often rely on financial records, emails, or testimony to make their case.
Common Defenses Against Embezzlement Charges
Not every accusation of embezzlement results in a conviction. Some common defense strategies include:
- Lack of intent: If you believed you had a right to use the property, or if the use was accidental or temporary, the intent requirement may not be met.
- Consent: If the property owner gave you permission, embezzlement did not occur.
- False accusations: Disputes between employers, business partners, or family members can sometimes result in exaggerated or fabricated claims.
- Insufficient evidence: Financial records can be misinterpreted, and prosecutors must prove their case beyond a reasonable doubt.
- Mistaken identity: In cases involving multiple people with access to funds or accounts, the wrong person may be accused.
Why You Need an Experienced Attorney
Embezzlement cases often involve thousands of documents, detailed financial records, and complex evidence. At Law Office of Michael L. Fell, we have the resources and expertise to carefully review the facts, consult with financial experts, and uncover weaknesses in the prosecution’s case. Our goal is always to protect your rights and pursue the best possible outcome, whether that means reduced charges, a favorable plea deal, or outright dismissal.
Take Control of Your Defense
If you have been accused of embezzlement in California, your career, reputation, and freedom are at risk. Call Law Office of Michael L. Fell at (949) 585-9055 today to schedule a free consultation and learn how we can fight for you.