Generally considered a white collar crime, embezzlement can be charged as a violation of several penal codes. If the value exceeds $950, embezzlement can be charged as grand theft under California penal code 487. If the amount is less than $950, it can be charged as petty theft under California Penal Code 484. If the item embezzled is an automobile, it can be charged as grand theft auto under California Penal Code 487 (d)(1). If the embezzled item is a firearm, grand theft firearm will be charged under California Penal Code 487 (d)(2).
To prove embezzlement charges, the prosecutor must first prove that you had some position of trust and confidence with the victim. They must also prove that in the course of such a relationship, you were entrusted with some type of property or money that was not given to you for you to keep as your own. Finally, the prosecutor must prove you had the “specific intent to deprive” the owner of the property.
If you or a loved one has been charged with a embezzlement, do not wait to retain legal counsel. Contact us for a free consultation.
Learn more about specific charges on our Criminal Law pages.
To Protect Your Rights, You Must Know Your Rights.
When you are arrested for any crime, felony or misdemeanor, you need to remember these five commandments:
- You have the right to remain silent- USE IT!
- The Fourth Amendment of the United States Constitution guarantees your right to free from unreasonable search and seizure. Always request to see a copy of a search warrant and realize that if the police have no warrant they will seek your consent to search. If you give them consent you have waived your 4th amendment rights. This gives the police the discretion to invade your privacy.
- You have the right to speak with an Attorney. If you ever in doubt as to any question or instruction given to you in the course of an investigation utilize this right.
- You have the right to trial in most cases. Many Lawyers go to great lengths to avoid taking their cases to trial, perhaps reassigning them to associate attorneys or hastily recommending guilty pleas. WE WILL TRY YOUR CASE!
- You have the right to be free from unreasonable bail. Always consult with an attorney before posting bail to determine the reasonableness of bail. Remember, you are entitled to a bail hearing.