What Is the Crime of Embezzlement Under California Law?

There are four elements to the crime of embezzlement.

What Is the Crime of Embezzlement Under California Law?

When most people hear the term “embezzlement,” they probably think of a high level executive making off with millions of dollars from a corporation. Yet in reality, embezzlement can occur at almost any level, for small value items, or even among family members. Many embezzlement cases involve relatively small amounts of money — not hundreds of thousands of dollars or tens of millions of dollars.

As a Riverside criminal defense attorney can explain, the basic crime of embezzlement involves fraudulently using or taking property that belongs to someone else, after it has been entrusted to you. While embezzlement cases often involve money, the property in question does not have to be cash. It could be a vehicle or almost any other type of property.

There are four elements that a prosecutor must prove in order to convict a person of the crime of embezzlement under California law. Each of these elements must be proven beyond a reasonable doubt.

First, the prosecutor must demonstrate that the property owner entrusted their property to you. This is the difference between embezzlement and theft. In a theft case, the allegation is that the defendant took or stole a piece of property. In an embezzlement case, the prosecutor must prove that the victim owned the property, and that he or she entrusted the property to the defendant (either directly or indirectly).

Second, the prosecutor must demonstrate that the victim actually conveyed the property to the defendant because he or she trusted him or her. If the victim accidentally left something with the defendant, then embezzlement would not likely be charged. Trust is a key element; the victim had to have chosen the defendant to take care of his or her property.

Third, the prosecutor must show that the defendant fraudulently took or used the victim’s property for his or her own benefit. Importantly, the prosecutor must not only show that the defendant took or used the property, but that he or she did so fraudulently. Fraud requires a showing that the defendant misrepresented a material fact to the victim, who then relied on the fact to his or her detriment (and the defendant’s benefit). The prosecutor must also demonstrate that the defendant used the property for his or her own personal benefit. For example, if a secretary at a small business took cash from the company’s bank account, used it to pay off her own bills, and then doctored the books to cover her tracks, it could be charged as embezzlement.

Fourth, the prosecutor must prove that the defendant intended to deprive the victim of the use of their property. This is the criminal intent element; the prosecutor has to prove that the defendant had a desire to take the victim’s property as his or her own. In this way, people are protected from being prosecuted for unintentional acts.

Embezzlement is a complicated crime, requiring proof of multiple elements. Because prosecutors have to prove each element beyond a reasonable doubt, there is an opportunity for a skilled Riverside criminal defense attorney to put together a strong defense to a California embezzlement charge.

If you have been charged with a crime such as embezzlement, you will need an experienced lawyer to represent you. At the Chambers Law Firm, our team of professionals works with our clients to put together strong defenses to criminal offenses. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a Riverside criminal defense attorney.

.
Call Us Today