When you think of theft, you may picture a burglar sneaking into a bank in the middle of the night or a teenager shoplifting clothing from a local store. However, it’s important to understand that there are a multitude of different theft offenses, some of which are also considered white-collar crimes. As such, if you have been charged with a crime like embezzlement, understanding the different elements of this crime, the penalties you can face if you are convicted, and what the prosecution will do to prove that you have broken the law is critical. The following blog explores these matters, including the importance of working with a Pleasant Hill criminal lawyer to discuss your legal options and fight for the best possible outcome for your unique circumstances.

What Constitutes an Embezzlement Offense in California and What Are the Penalties?

Embezzlement is a form of white-collar larceny that occurs when someone is entrusted to manage funds and they misappropriate the assets for their own personal gain. This is because someone who is entrusted with funds has what’s known as a fiduciary duty. This is a legal responsibility to act in the best interest of the business or entity that they are managing funds on behalf of. Failure to do so results in a breach.

For example, if the defendant is a payroll director of a large company, they are responsible not only for ensuring that the funds are distributed correctly to the employees. However, if the director creates a “ghost employee,” meaning a fake entity that does not exist solely for the purpose of “paying” them funds, which the director then takes, this would constitute embezzlement. The director was entrusted with funds and stole them for their own purposes.

Under California law, embezzlement is considered a wobbler crime. This means that it can either be charged as a misdemeanor or a felony, depending on the circumstances of the crime. Generally, if the amount embezzled is less than $950, it will be charged as a misdemeanor, carrying up to six months in county jail and fines of up to $1,000. However, if the amount of funds exceeds this $950 threshold, you’ll face a felony, which warrants up to three years in prison and the potential for fines up to $10,000. You should also

How Does a Prosecutor Prove This Has Occurred?

In order to prove that someone is guilty of embezzlement, it’s important to understand that the prosecution generally needs to prove that four elements are true. These are as follows:

  • The defendant had a fiduciary duty, meaning they were legally entrusted with the funds
  • The owner trusted the defendant to handle the property
  • The funds were used for the personal benefit of the defendant, meaning they were converted from their intended use
  • The defendant intended to deprive the owner of this property of the funds

As you can see, being charged with embezzlement is not a matter that should be taken lightly. As such, it’s in your best interest to contact the team at O’Connor Law APC to help you fight for the best possible outcome. Our firm will explore all avenues to help you fight for the best possible outcome for your unique circumstances. Contact us today to learn how we can best represent you.