Los Angeles Embezzlement Attorney

Last Modified: February 19, 2024
Los Angeles Embezzlement Attorney

At Perlman & Cohen Los Angeles Criminal Lawyers, our Los Angeles embezzlement attorney team knows how scary these charges can be. When you face embezzlement charges in Los Angeles, you need strong legal help fast. We're here to protect your rights and fight for your future.

These charges can ruin your life. Your job, your freedom, and your reputation are all at risk. Our Los Angeles Criminal Lawyer team starts working right away to build your defense.

Our Los Angeles Criminal Lawyer Defends Your Rights

We've spent years defending clients in Los Angeles County against theft crimes. Our criminal defense attorneys know the local courts and prosecutors. We use this knowledge to help you win your case.

At Perlman & Cohen, we give each client personal attention. We work hard to find problems with the prosecution's evidence. Whether you face employee theft charges or other criminal charges, we stand with you.

Our team knows what the Los Angeles County prosecutor will try. We use proven strategies to create reasonable doubt. Your freedom matters to us, and we fight hard to protect it.

Understanding Embezzlement Charges Under California Law

Understanding Embezzlement Charges Under California Law

Embezzlement occurs when someone steals property that they were entrusted with. It's not like regular theft. In embezzlement, you had legal access to the property first. The crime happens when you take it for your benefit.

This criminal offense often happens at work. Employees might take company funds from bank accounts they manage. But embezzlement can happen anywhere trust exists. The key is that someone gave you their property to hold or manage.

Many people don't know they've committed embezzlement. Even if you plan to pay money back, you can still face charges. The law looks at whether you took property for your own benefit without permission.

California Penal Code Section 503: Embezzlement Explained

California Penal Code Section 503 makes embezzlement a crime. The law covers many situations — from petty theft to major financial crimes. California treats this white collar crime seriously, with penalties based on how much was taken.

Understanding this law helps build your defense. The prosecution must prove every part of its case. Our criminal defense lawyer team looks for weak spots in their evidence. We find ways to challenge their claims and protect you.

Key Elements of the Law

Prosecutors must prove four things for an embezzlement conviction:

  1. A fiduciary relationship existed (the victim trusted you)
  2. You got the property because of that trust
  3. You took it for personal benefit through fraudulent appropriation
  4. You meant to keep it permanently (criminal intent)

Each element must be proven beyond a reasonable doubt. If prosecutors can't prove even one part, you should win. We focus on creating doubt about each element. Your intent often becomes the hardest thing for them to prove.

How Prosecutors Build Their Case

The Los Angeles County prosecutor uses financial records as the main evidence. They check:

  • Bank account statements
  • Company financial records
  • Email and text messages
  • Security camera footage

They also get witness statements from coworkers. The prosecution's case often relies on patterns, not just one incident. They try to show you that you took the property over time. Our defense attorney team examines all this evidence for problems.

Legal Penalties for an Embezzlement Conviction

Legal Penalties for an Embezzlement Conviction

Embezzlement can be either a misdemeanor or a felony. The value of the property involved matters most. Your criminal history also affects charges. The court looks at your relationship with the alleged victim, too.

Having a good Los Angeles embezzlement lawyer makes a huge difference. We work to reduce charges and minimize penalties. Let's look at what you might face without strong legal defenses.

Misdemeanor vs. Felony Charges

Misdemeanor embezzlement applies when:

  • The property value is under $950
  • You have no prior theft convictions
  • No special circumstances exist

Misdemeanor charges mean up to one year in Los Angeles County jail. But felony embezzlement is more serious. It applies when:

  • Property exceeds $950
  • Victims are elderly or have mental or physical impairment
  • You have prior convictions

A misdemeanor offense seems minor compared to felony charges. Felony embezzlement means up to three years in California state prison.

Fines, Restitution, and Jail Time

For misdemeanor embezzlement:

  • Under $50: up to six months in county jail
  • $50-$950: up to one year in jail
  • Fines up to $1,000
  • Full restitution to victims

For felony embezzlement convictions:

  • 16 months to three years in state prison
  • Large fines up to $10,000
  • Always includes full restitution
  • Probation might be possible

How a Los Angeles Embezzlement Attorney Can Help

Our Los Angeles embezzlement defense starts immediately. We investigate every detail of your case. Our team finds weaknesses in the prosecution's evidence. We know how to challenge their claims effectively.

Early action often prevents charges. We might negotiate restitution before charges are filed. If charges come, we push for favorable plea agreements. When trials happen, we present strong legal defenses.

Working with experienced lawyers improves your chances dramatically. We protect your rights at every step. Contact our law office for a free consultation today. The sooner we start, the better we can help.

Common Legal Defenses in Embezzlement Cases

Several legal defenses work well against these serious charges:

Lack of intent: We argue you didn't mean to steal. Maybe you thought you had permission, or you planned to return the property. Without criminal intent, there's no crime.

Insufficient evidence: The prosecution's evidence might be weak. Financial records could be missing. Witnesses might contradict each other. We use these problems to create reasonable doubt.

Good faith belief: You might have believed the property was yours. Or that you could use it. This defense challenges the fraudulent appropriation element.

False accusations: Sometimes people lie about embezzlement. They might want revenge or have other motives. We investigate accusers carefully.

The Role of a Criminal Defense Attorney in Embezzlement Cases

The Role of a Criminal Defense Attorney in Embezzlement Cases

A criminal defense attorney protects you throughout the case. We handle everything from investigation to trial. During pre-filing, we try to stop charges completely. Once charged, we manage all court proceedings.

We file motions to dismiss illegally obtained evidence. We negotiate with prosecutors for reduced charges. If a trial comes, we're ready to fight. Throughout, we explain your legal options clearly.

Our goal is the best result possible. That might mean dismissal, acquittal, or reduced penalties. We keep you informed and help you make smart decisions.

California Penal Code: Other Relevant Laws

Beyond embezzlement, other laws might apply to your case. Understanding related charges helps build better defenses. Prosecutors often file multiple charges from one incident. Our criminal defense team handles all charges together.

Related Charges (Fraud, Theft by Deception)

Petty theft (PC 484) and grand theft (PC 487) are similar crimes. The difference is how you got the property. Regular theft means taking without permission. Embezzlement means betraying trust.

Fraud charges often come with embezzlement. These might include check or credit card fraud. Each charge increases potential penalties. We defend against all charges with consistent strategies.

Aggravating Factors That Increase Penalties

Some factors make embezzlement worse:

  • Taking from elderly or disabled victims
  • Stealing from the government or nonprofits
  • Large amounts of money
  • Multiple victims or long-term schemes
  • Prior criminal history, especially theft crimes

These factors can turn misdemeanor charges into felonies. They also increase prison sentences significantly.

What to Expect in Los Angeles Embezzlement Cases

Most theft crimes follow similar court processes. After arrest, you'll have an arraignment within 48 hours. The judge reads charges and sets bail. Then comes the discovery phase, where evidence gets shared.

Preliminary hearings let judges review evidence in felony cases. Most cases end with plea deals, not trials. But we prepare every case for trial. This preparation strengthens our negotiating position.

The whole process takes several months, typically. Complex cases might take longer. Having good lawyers speeds things up and improves outcomes.

FAQs

What’s the Difference Between Embezzlement and Theft?

Embezzlement happens when you steal property you were entrusted with. Regular theft means taking property without any permission at all.

Can Embezzlement Charges Be Dropped?

Yes, charges can be dropped if the evidence is weak or witnesses are unavailable. Early restitution also helps get charges dismissed.

Will I Go to Jail for Embezzlement?

Jail time depends on the amount stolen and your criminal history. First-time offenders often get probation instead of jail.

Can I Be Charged if I Pay the Money Back?

Yes, returning property doesn't stop criminal charges. But early repayment helps during negotiations.

What Evidence Is Used in Embezzlement Cases?

Prosecutors use bank statements, financial records, and witness testimony. They also use emails, security footage, and transaction histories.

Do I Need a Lawyer for Embezzlement Charges?

Yes, embezzlement laws are complex. Having a criminal defense attorney greatly improves your chances of avoiding conviction.

Contact a Los Angeles Embezzlement Attorney for a Free Case Consultation

Contact a Los Angeles Embezzlement Attorney for a Free Case Consultation

Don't face the criminal justice system alone. Our Los Angeles embezzlement attorney team at Perlman & Cohen offers free consultations to help you understand the prosecution's claims. We carefully review the property embezzled and how it was legally possessed. Whether the defendant intended to take the property unlawfully is a key issue we address when presenting evidence. Time is critical in these cases, so call our law office today to start building your defense and protect your future. We're ready to fight for you.

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