Embezzlement is often referred to as employee theft or fraud because it is often charged in connection with employment activities. Penal Code 503 defines embezzlement as unlawfully taking something from another that has been entrusted to you. In order to be convicted of embezzlement, you must have:
- embezzled property
- that you legally and rightfully possessed or had authority to access.
Embezzlement is typically punished under Penal Code 487, grand theft, if the value of the property is more than $950, or it can be punished under Penal Code 488, petty theft, if the value of the property is less than $950. Penal Code 487, grand theft, is a “wobbler” offense, meaning it can be charged as a misdemeanor or a felony depending on the facts of your case. If you are convicted of a 487 violation as a misdemeanor, you face up to one year in the county jail and a $1,000 fine. If convicted of a 487 violation as a felony, you can be sentenced to 16 months, or two or three years in state prison as well as a $10,000 fine. If you are convicted of a 488 petty theft embezzlement violation, you face up to six months in county jail and a $1,000 fine.
Let Us Help You
With the large number of criminal attorneys in California, Senior Partner, Vu Trinh, is among a very small and elite group of attorneys who are designated by the State Bar as Certified Criminal Law Specialists. With the help of a lawyer who is experienced and aggressive, you can achieve a favorable result in your case. At The Law Offices of Trinh & Bettencourt, we will exhaust every possible defense in our effort to obtain a favorable result for you.
Our firm uses alternative dispute resolution techniques whenever possible to reduce costs for our clients, but in the event you have to go to trial, we are aggressive. When we go to court, we go to win.
Facing these charges can be stressful. Get the help of a lawyer with experience and the ability to help you. Call The Law Offices of Trinh & Bettencourt for a consultation today.