Being charged with embezzlement in Southern California is a serious matter that can have life-changing consequences. Embezzlement is considered a theft crime, but it involves a unique type of theft—one that occurs when someone entrusted with property or money misuses or takes it for their own personal gain.
Whether you are facing misdemeanor or felony charges, understanding exactly what the prosecution must prove can help you better understand your situation and what you are up against. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
What is Embezzlement Under California Law
In California, embezzlement falls under Penal Code Section 503. It is defined as the fraudulent appropriation of property by a person to whom it has been entrusted. Embezzlement is different from other theft crimes because the accused legally had access to the money or property but is accused of illegally converting it for personal use.
The Four Key Elements the Prosecution Must Prove
To convict someone of embezzlement, prosecutors must prove several essential elements. If they fail to establish even one of these, the case could fall apart. These elements are:
1. A Trusting Relationship Existed
Prosecutors must show that the property or money in question was entrusted to you by the owner. This usually happens in professional or employment situations, such as when an employee has control over company funds or a financial advisor manages client investments. The relationship must involve a certain level of trust that you would handle the property or funds honestly.
2. You Took or Used the Property for Personal Benefit
The prosecution must prove that you intentionally took, used, or transferred the property for your own personal gain. This could include directly taking money from a business account, moving company funds into a personal account, or using entrusted property for personal purchases.
3. You Intended to Deprive the Owner of Their Property
Intent is a critical element in any embezzlement case. Prosecutors must show that you acted with the intent to permanently deprive the rightful owner of the property or at least deprive them of its use for a significant period. If you had no intent to steal or if the transfer of property was a misunderstanding, this element may not be satisfied.
4. You Had Legal Access to the Property, Not Ownership
A key distinction in embezzlement cases is that you had legal access to the property but not actual ownership. For example, a store cashier who handles cash registers has legal access to company money, but the money still belongs to the business. If the cashier pockets some of that money, it could qualify as embezzlement.
Common Defenses Against Embezzlement Charges
Just because you have been charged does not mean you will be convicted. Depending on the details of your case, a criminal defense attorney may be able to build a strong defense on your behalf. Common defenses to embezzlement charges include:
- Lack of intent to steal
- Misunderstanding or miscommunication about the use of the funds or property
- Insufficient evidence to prove all required elements
- False accusations motivated by personal disputes or professional rivalry
- Showing that the property was used in accordance with company policy or with permission
Why Legal Representation is Crucial
Embezzlement cases are often complex, involving detailed financial records, contracts, and internal company policies. Prosecutors may try to portray normal business decisions or accounting errors as criminal activity. A skilled criminal defense attorney can thoroughly review the evidence, challenge weak points in the prosecution’s case, and work to have the charges reduced or dismissed when possible.
If you have been charged with embezzlement in Southern California, do not wait to seek legal help. Contact Law Office of Michael L. Fell at (949) 585-9055 to schedule a confidential consultation and discuss your defense options. With the right strategy and experienced representation, you can protect your future and fight back against these serious charges.