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Embezzlement is considered a white-collar theft crime that can carry severe penalties, including potential prison time and steep fines, especially in large-scale cases. Our embezzlement defense attorneys have represented clients facing all types of embezzlement charges across San Diego County.
We understand these financial crime cases and know how to scrutinize the prosecution’s evidence, identify holes in their arguments, and pursue all possible defenses on your behalf. Do not let embezzlement allegations derail your career and future – contact us to begin building a strong legal strategy.
California Penal Code 503 defines embezzlement as the fraudulent appropriation of property by someone to whom it has been entrusted.
In other words, a petty or grand theft occurs when a person trusts you to manage their money or property, and you misuse that trust for personal gain.
To be convicted of embezzlement in California, the prosecution must prove the following elements:
Embezzlement is closely related to other white collar crimes, such as grand theft, forgery, and fraud.
Depending on the value of the property stolen and other factors, California prosecutors can charge embezzlement as either a misdemeanor or a felony.
Embezzlement can occur in many ways and in several industries.
Some common types of embezzlement cases we handle in San Diego include:
No matter what type of embezzlement charges you’re facing, our skilled San Diego embezzlement lawyers have the knowledge and experience to build a strong defense on your behalf.
Since the state punishes embezzlement as grand theft or petty theft, you may be charged with a felony or misdemeanor.
This rule makes Embezzlement a “wobbler” under California law.
The penalties for an embezzlement conviction in California depend on several factors, including the value of the property stolen and your criminal history.
These penalties may include:
In addition to criminal penalties, an embezzlement conviction can also carry collateral consequences, such as:
For these reasons, it’s necessary to work with a knowledgeable San Diego embezzlement attorney who can help you minimize the potential consequences of a conviction.
While embezzlement can be prosecuted at the state level, it may also result in federal charges depending on the specifics of the alleged crimes. Federal embezzlement charges often come into play when:
Federal embezzlement cases are extremely serious and complex. They are investigated by agencies like the FBI, IRS, and U.S. Postal Inspection Service. Penalties for federal embezzlement convictions are often much harsher than state charges, potentially including decades in federal prison.
If you are facing federal embezzlement charges, it is imperative you have an experienced criminal defense lawyer well-versed in federal law and procedures.
Just because law enforcement arrests you for, or a prosecutor charges you with embezzlement, doesn’t mean you’ll be convicted.
There are many possible defenses that a skilled criminal defense attorney can raise on your behalf, depending on the facts of your case.
Below, we’ve listed four common defenses to embezzlement charges.
The state must prove that you intended to deprive the victim of their property. Prosecutors may reduce or dismiss charges without evidence of fraudulent intent.
If you believed you had a legal right to the property or acted in good faith, you may not be guilty of embezzlement.
You may have a defense of duress if someone coerced or pressured you into committing embezzlement.
In some cases, the state may have based embezzlement charges on false allegations or a case of mistaken identity. A thorough investigation by your defense attorney can help uncover the truth.
We carefully review the facts to identify every possible defense and build the most robust case on your behalf.
Our criminal defense law firm has the skills, experience, and outstanding performance record to protect your rights and advocate for reduced charges or a dismissal where possible.
Here are just a few reasons to choose David P. Shapiro Criminal Defense Attorneys to handle your embezzlement case:
We understand what’s at stake and will work with you to achieve a favorable outcome for your case.
If you’ve been arrested or are under investigation for embezzlement, the most important thing you can do is to speak with David P. Shapiro Criminal Defense Attorneys as soon as possible.
The earlier you involve us, the more time we’ll have to investigate your case, gather evidence, and build a strong defense on your behalf.
You have the right to remain silent and the right to an attorney during police questioning. Speak with a qualified San Diego embezzlement lawyer as soon as you believe you may be accused.
David P. Shapiro Criminal Defense Attorneys offers confidential consultations to discuss your case and explain your legal options.
Contact us today to take the first step towards mitigating your embezzlement charges or making them disappear completely.