California embezzlement Lawyer Discusses the Elements of Embezzlement – CPC Section 503
California Penal Code Section 503 defines embezzlement as the fraudulent taking of property by a person to whom the property has been entrusted. In order to be convicted of embezzlement, you must have legally possessed or had authority to access the property. In California, embezzlement is considered a white collar crime. If you or someone you know has been charged with embezzlement, we recommend that you contact an experienced California embezzlement lawyer immediately to begin preparing the appropriate defense to this charge.
Elements the Prosecutor Must Prove in an Embezzlement Case
There are three elements that the prosecutor must prove to convict you of the crime of embezzlement:
- You were in a position of trust with the owner of the embezzled property. Prosecution is limited to instances where the parties are in a fiduciary, or trust, relationship. If this trust relationship does not exist, you may have committed a theft but not embezzlement. Examples of these types of trust relationships include corporate officers, partners, employer/employee, doctor/office manager, and lawyer/bookkeeper.
- You were entrusted with certain property pursuant to your relationship with its owner. This element is satisfied if you were responsible for using or holding the property for the owner’s desired purposes, not your own. That is—you were holding the property for someone else. For example, you are an employee entrusted with company funds.
- You took the property with a specific fraudulent intent. Stated another way, you were entrusted with the property for one purpose and used it for another purpose without the owner’s consent. Examples include using company money for personal gain or commingling funds. While fraudulent intent to deprive the owner of his or her property is necessary for embezzlement, your specific motive does not matter.
Your California embezzlement lawyer will advise you that the burden is on the prosecution to prove each of these elements beyond a reasonable doubt in order to win an embezzlement conviction. If any single element of the crime is not proven, the charge of embezzlement will likely be dismissed.
Potential Penalties for Embezzlement
Because embezzlement is a theft crime, penalties for an embezzlement conviction in California depend largely on the dollar value of the property. For values less than $950 (petty theft), a conviction carries a potential sentence of up to 6 months in jail and additional fines. If the property value exceeds $950 (grand theft), a conviction is punishable as a misdemeanor or felony and may result in a potential sentence of up to 1 year in jail or longer time in state prison and additional fines.
If you or someone you know has been charged with the crime of embezzlement, contact experienced California embezzlement lawyer at Daniel V. Cota & Associates, P.C.. Attorney Cota will discuss in detail with you the requisite elements of embezzlement and how the facts unique to your case could raise a possible defense in your case. To schedule a free consultation with a dedicated and experienced California embezzlement lawyer, contact Daniel V. Cota & Associates, P.C. toll free at 800.351.6860.