Is Embezzlement a Felony in California?
Is Embezzlement a Felony in California?
Is embezzlement a felony in California? The answer depends on several factors, as this white-collar crime can be charged as either a misdemeanor or a felony.
Penalties for Embezzlement Under CPC §503
Embezzlement is penalized as either Grand Theft or Petty Theft, meaning it can be charged as a felony or misdemeanor depending on the specific circumstances of the case. This flexibility makes embezzlement a “wobbler” offense under California criminal law.
Facing embezzlement charges can be overwhelming, and the potential consequences of a conviction may include fines, restitution, and even prison time. Understanding the nuances of California’s embezzlement laws is crucial for anyone accused of this offense.
This article will explore the factors that determine whether embezzlement is charged as a felony or misdemeanor, the penalties associated with each level of offense, and the available legal defenses.
What is Embezzlement?
Embezzlement is a crime that involves the unlawful taking of property that someone has entrusted to you. In California, embezzlement is defined under Penal Code 503 PC, and it’s essential to understand the specific elements of this offense to avoid facing serious legal consequences.
How does California law define embezzlement? (PC 503)
Under California Penal Code 503, a prosecutor must prove four key facts to obtain an embezzlement conviction:
Relationship of trust
For embezzlement to occur, you and the property owner must have a trust relationship. This relationship can exist in various forms, such as an employer-employee relationship, a temporary possession of property (like a valet parking situation), or being tasked with managing someone’s money or property. However, merely being an employee is not enough to establish a relationship of trust; concrete evidence of trust or confidence is required.
Fraudulently used
To be guilty of embezzlement, you must have fraudulently used the property entrusted to you. This means that you either took undue advantage of the property owner or caused them a loss by breaching a duty, trust, or confidence.
For example, if you’re a nanny and use the family’s credit card to pay your personal bills without permission, you’re fraudulently using the property.
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Intent to deprive
Embezzlement requires an intent to deprive the property owner of their property or its use, even if only temporarily. This means that if you take property with the intent to keep it as your own, even for a short period, you can be guilty of embezzlement. It’s important to note that intending to return the property at the time of taking is only a valid defense if you restored the property before being charged.
Examples of Embezzlement in California
Embezzlement can occur in various contexts, such as:
An employee entrusted with company funds using the money for personal expenses
A caregiver using an elderly client’s credit card for unauthorized purchases
A property manager failing to return security deposits to tenants and keeping the money for themselves
When Is Embezzlement a Felony?
In California, embezzlement can be charged as either a misdemeanor or a felony, depending on the value of the property involved and other factors.
Are there aggravating and mitigating factors for felony embezzlement charges?
Yes, both aggravating and mitigating factors can impact the severity of a felony embezzlement sentence. Aggravating factors, such as the victim being elderly or dependent, can lead to a harsher sentence.
On the other hand, mitigating factors, like returning the embezzled property before being formally charged, may result in a less severe sentence.
How Much Embezzlement Is a Felony?
Embezzlement is generally charged as a felony when the property value exceeds $950. However, even if the value exceeds $950, a prosecutor may charge the offense as a misdemeanor.
When the embezzled property is worth $950 or less, the crime is typically treated as petty theft, a misdemeanor punishable by up to six months in county jail.
Penalties for Felony Embezzlement
If you’re convicted of felony embezzlement in California, the penalties you face will depend on the value of the property involved. Understanding the potential consequences can help you make informed decisions about your case and work with your attorney to develop the best defense strategy.
What is the punishment for embezzlement in California?
In California, the punishment for felony embezzlement is based on the value of the embezzled property:
- If the value exceeds $950 but is less than $50,000, the offense is punishable by up to three years in county jail.
- If the value is $50,000 or more but less than $500,000, the offense is punishable by up to five years in state prison.
- If the value is $500,000 or more, the offense is punishable by up to 10 years in state prison.
In addition to imprisonment, a felony conviction on your record may also result in fines, restitution to the victim, and other consequences, such as difficulty finding employment or housing.
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When is embezzlement charged as a misdemeanor?
In some cases, embezzlement may be charged as a misdemeanor instead of a felony. This typically occurs when the value of the embezzled property is $950 or less.
Misdemeanor embezzlement can result in up to one year in county jail and a fine of up to $1,000.
Reducing Felony Embezzlement to a Misdemeanor
In certain situations, your attorney may be able to negotiate with the prosecutor to reduce a felony embezzlement charge to a misdemeanor. This may be possible if the value of the embezzled property is close to the $950 threshold or if there are other mitigating factors in your case.
A skilled criminal defense attorney can evaluate your case and work to achieve the best possible outcome.
Are there legal defenses to embezzlement charges?
If you’re facing embezzlement charges, it’s essential to understand that you have the right to defend yourself. An experienced criminal defense attorney can help you identify and present the most effective defenses for your case.
No fraudulent use
One potential defense to embezzlement charges is that you did not fraudulently use the property entrusted to you. If you can demonstrate that you had permission to use the property or that your use of the property was not fraudulent, you can avoid a conviction.
Good faith belief in a right to property
Another defense to embezzlement is that you had a good faith belief in your right to the property. If you can show that you genuinely believed you were entitled to the property you appropriated, even if that belief was mistaken, you may be able to challenge the charges against you.
No intent to deprive
To be convicted of embezzlement, the prosecution must prove that you intended to deprive the rightful owner of the property. If you demonstrate that you lacked this intent by showing that you intended to return the property or that you believed the owner had abandoned the property, you can defend against the charges.
Related Offenses to Penal Code 503 PC
In addition to embezzlement, there are several other crimes in California that involve the fraudulent conversion of money or property. Understanding these related offenses can help you navigate the legal system and ensure that you’re facing the appropriate charges.
Burglary – PC 459
As defined by Penal Code 459 PC, burglary occurs when you enter a residential or commercial building or room with the intent to commit a felony or theft once inside. If you enter a building with the intent to commit embezzlement, you could be guilty of burglary, as embezzlement is considered a theft crime.
Forgery – PC 470
Under Penal Code 470 PC, forgery is a crime that involves signing someone else’s name, faking a seal or handwriting, changing or falsifying legal documents, or presenting false documents related to money, finances, or property as genuine. As with embezzlement, forgery requires fraudulent intent.
Misappropriation of public funds – PC 424
According to Penal Code 424 PC, misappropriation of public funds is a crime that occurs when you misuse public funds for which you were responsible. This offense is similar to embezzlement but specifically applies to the misuse of public funds, whereas embezzlement generally involves private funds.
Embezzlement/misappropriation by a public officer – PC 504
Under Penal Code 504 PC, a public officer is guilty of embezzlement if they fraudulently use public property or funds in a way that is inconsistent with their official authority. This crime is punished in the same manner as ordinary embezzlement under PC 503.
Receiving stolen property – PC 496(a)
Receiving stolen property, as defined by Penal Code 496(a) PC, is a crime that occurs when you knowingly receive stolen property. This offense is a wobbler, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case.
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Consequences of Embezzlement Conviction in California
An embezzlement conviction in California can have far-reaching consequences beyond criminal penalties. Understanding these potential ramifications and working with an experienced criminal defense attorney to minimize their impact on your life is essential.
Are there immigration consequences?
If you are not a U.S. citizen, an embezzlement conviction can have serious immigration consequences. Embezzlement may be considered a crime of moral turpitude, which can lead to deportation, denial of entry into the United States, or ineligibility for certain immigration benefits.
If you’re facing embezzlement charges and have concerns about your immigration status, it’s crucial to consult with an attorney who specializes in both criminal defense and immigration law.
Can I get my conviction expunged?
In some cases, you may be able to have your embezzlement conviction expunged from your criminal record. Expungement is a process that allows you to withdraw your guilty or no-contest plea and have your case dismissed.
To be eligible for expungement, you must have completed your sentence, including any probation, and not be currently facing any other criminal charges. An experienced criminal defense attorney can help you determine if you’re eligible for expungement and guide you through the process.
Are there civil remedies for victims of embezzlement in California?
Yes, victims of embezzlement in California have the option to pursue civil remedies in addition to any criminal charges that may be filed. These civil lawsuits aim to help victims recover their losses and seek compensation for the harm caused by the embezzler’s actions.
Some common civil claims that embezzlement victims may file include:
- Breach of contract: If the embezzler violated the terms of an employment contract or other agreement, the victim may sue for breach of contract.
- Conversion: This claim involves the wrongful taking or use of another person’s property, which applies to embezzlement cases.
- Unjust enrichment: Victims may argue that the embezzler unjustly benefited from their actions at the victim’s expense.
In most cases, civil embezzlement lawsuits are resolved through negotiations and settlements. However, if the case goes to trial and the victim prevails, the court may order the embezzler to pay full restitution and set up a constructive trust to ensure the return of the stolen funds or property.
Protect Your Rights with Huff Legal
Embezzlement charges in California can be complex and overwhelming, especially when determining whether the offense is a felony or misdemeanor. However, it’s crucial to remember that you have rights and options when facing these serious allegations.
If you’re wondering, “Is embezzlement a felony?” or facing any embezzlement charges, seeking experienced legal guidance is essential. At Huff Legal, our skilled criminal defense attorneys deeply understand California’s embezzlement laws and can provide you with the aggressive, compassionate representation you need.
We’ll work tirelessly to protect your rights, explore all available defenses, and fight for the best possible outcome in your case. Don’t face embezzlement charges alone – contact Huff Legal today for a confidential consultation.
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