Embezzlement is a white-collar or theft offense that can be prosecuted separately or in combination with grand theft charges. If a person is charged with embezzlement, the first step should be to call an expert embezzlement attorney who can help them develop the best possible defense. Simmons Wagner, LLP is the firm where you will find that attorney. For a free legal consultation, call (949) 439-5857 right now.

Embezzlement is a term used to describe the act of embezzling money

Embezzlement, according to California law, is the illegal taking of property that has been entrusted to you but belongs to someone else. Most theft offenses entail stealing goods without authorization, but embezzlement is distinct in that the item was lawfully in the perpetrator’s possession, but the funds were utilized in an unlawful manner for their personal advantage.

Most – but not all – cases of embezzlement occur in the workplace

Embezzlement is commonly referred to as “employee theft” for a reason: the vast majority of embezzlement instances take place in the workplace. In these situations, an employee has access to anything of value, such as money, credit card details, or bank accounts, and then abuses that access by withdrawing resources without their employer’s consent.

Embezzlement convictions might jeopardize future employment opportunities

A person convicted of embezzlement may find it difficult or impossible to continue working in their chosen field, in addition to possible jail time and fines. Any potential employee who will be handling money or other valuables will almost certainly be subjected to a background check.

If the background check reveals an embezzlement conviction, the job application has a very slim chance of being accepted.

To prove their case, the prosecution must prove a number of elements

The prosecution must establish a number of things to fulfill the burden of proof for an embezzlement accusation. They are as follows:

• The defendant and the victim had relationship. This is often an employer-employee relationship.
• The defendant was entrusted with money, property, or some valuable asset.
• The defendant seized the property, money, or valuable thing in order to deprive the legitimate owner of the property, money, or valuable item.

Embezzlement of public funds by a public official

When a city, state, county, or municipal employee embezzles money in California, a public authority can prosecute them with embezzlement. It entails taking property entrusted to them and misusing it in ways that are incompatible with their role as a public official. The main distinction between this and other forms of embezzlement is that the defendant is a government employee when the property is taken.

In California, embezzlement is a wobbler offense

Embezzlement is a wobbler offense in California, which means that the prosecutor can choose whether to prosecute it as a felony or a misdemeanor. While the prosecution will examine the defendant’s previous history and other circumstances when evaluating whether the charge should be brought as a misdemeanor or a felony, the value of the item embezzled will usually be the decisive factor.

Grand theft can be charged if the value of the stolen goods is $400 or more. Petty theft is more likely to be charged if the item is valued less than $400.

If you have been charged with felony or misdemeanor embezzlement, contact Simmons Wagner, LLP at (949) 439-5857 to request a free legal consultation.