Embezzlement can occur in any number of situations, and often involves relatively small amounts of money.
When you think about embezzlement, chances are that you think of high stakes, high dollar white collar crimes — a business person who secreted away millions of dollars from his company, or an employee who pocketed hundreds of thousands of dollars over the years. Yet the crime of embezzlement is actually much broader than these situations, and can be charged in any number of circumstances.
Under California law, embezzlement can be charged when one person fraudulently appropriates property that belongs to someone else and has been entrusted to that person. It does not have to involve complicated schemes or large sums of money. In fact, according to an Orange County criminal defense lawyer, it often involves people who did not even realize that they were committing the crime — or sometimes, people who fully intended to return the property that they took.
For example, consider a personal care attendant who helps an elderly woman at her home. Her car broke down, and she knows that her client has a vehicle that sits unused in her garage since the client is unable to drive. The client has entrusted the car to her, giving her the keys for various purposes, such as taking her to the store and bank, or driving it occasionally to make sure that it is still in good working order. If the personal care attendant borrows the car occasionally for her own use without permission, she could be charged with embezzlement, because she is fraudulently appropriating property that belongs to her client and that has been entrusted to her.
Or consider a volunteer with a local nonprofit organization who runs a concession stand when the group has events. The volunteer is often short of cash, so she often grabs a $20 out of the till, thinking that she will replace it later — but she never does. Even though the amounts are small and she has every intention of returning the money, she could be charged with embezzlement.
Under California law, embezzlement is charged as a crime of theft, and can be charged as either grand theft or petty theft. If the value of the property embezzled is over $950, or it was an automobile or a firearm, then it will be charged as grand theft and can be either a felony or a misdemeanor. This is known as a wobbler under California law. Misdemeanor grand theft embezzlement is subject to up to 1 year in county jail, while felony grand theft is punishable by up to 3 years in jail. If the property embezzled was worth less than $950, then it will be charged as petty theft, a misdemeanor offense. It is punishable by up to 6 months in county jail.
There are a number of defenses to the crime of embezzlement under California law. For example, if you believed that you had a right to the property, that could be a potential defense. In the case of the volunteer described above, if she was taking the $20 to pay for the money she put towards food for the concession stand, that could be a defense. Your Orange County criminal defense lawyer may also claim that you lacked the criminal intent (intent to deprive the owner of its use) to commit the crime. For example, the personal care attendant described above could claim that she did not intend to deprive her client of the use of the car — because after all, the client was unable to drive at all. A skilled Orange County criminal defense lawyer can help you determine if this would be a viable defense to the charge of embezzlement.
Embezzlement is a serious criminal charge, and should be treated as such. At the Chambers Law Firm, we represent clients who have been charged with embezzlement and related theft charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
