Orange County Embezzlement Lawyer

What are the Penalties for Embezzlement in California?

California law categorizes embezzlement as either a misdemeanor or a felony, depending on the amount involved and the circumstances of the white collar crime. The potential penalties include both criminal charges and civil restitution. Below are the possible penalties for embezzlement in Orange County, California:

• Misdemeanor Embezzlement (for smaller amounts of money or less severe cases):
  • Up to one year in county jail
  • Fines up to $1,000
  • Restitution to the victim
• Felony Embezzlement (for more significant amounts or more severe cases):
  • Up to 3 years in state prison
  • Fines up to $10,000
  • Restitution to the victim

Additionally, if the amount embezzled is incredibly high (e.g., more than $650), the charges may lead to felony prosecution, which carries harsher penalties. In cases involving embezzlement of public funds or where the accused held a position of trust, such as an elected official, the penalties can be even more severe.
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Defenses Against Embezzlement Charges

Depending on the case’s specific circumstances, several defenses may be available to those accused of embezzlement. A seasoned attorney will evaluate the details and determine the best defense strategy. Possible defenses include:

• No Intent to Steal: If it can be shown that there was no intent to misappropriate the funds, the charges may be reduced or dismissed. For example, a defendant may have taken funds by mistake or with permission rather than with fraudulent intent.
• Mistake of Fact: This defense suggests that the accused did not realize they were taking property that did not belong to them. If the defendant was unaware of the ownership of the funds or property, they might avoid conviction.
• No Conversion: Embezzlement requires that the accused person has taken the property for personal use. If the defendant did not convert or use the property for their benefit, they may not be guilty of embezzlement.
• Consent: If the defendant can demonstrate that they had permission or authority to take the funds or property, they may have a strong defense. This may apply in situations where an agreement or understanding used the property.
• Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt. If there is insufficient evidence to prove that the defendant knowingly stole the property, the case may be dismissed or the charges reduced.

Each case is unique, and thoroughly examining the facts will help determine the best course of action. Working with an experienced Orange County embezzlement lawyer is essential to building a solid defense.