CALIFORNIA PENAL CODE 504 PC – EMBEZZLEMENT BY A PUBLIC OFFICER

According to Penal Code 504 PC in California, embezzlement occurs when a public officer:

• Fraudulently misuses public property or public funds, and
• Utilizes them in a manner that goes beyond their official authority.

Engaging in fraudulent behavior involves using something with deceit or dishonest methods.

Embezzlement is a form of theft in which an individual unlawfully takes money or property entrusted to them by another person and uses it deceitfully for personal gain.

In California, embezzlement cases are typically prosecuted under Penal Code 503, which is akin to Penal Code 487 for grand theft. Both offenses are considered “wobblers,” meaning they can be charged as either misdemeanors or felonies, depending on the circumstances.

However, Penal Code 504 is specifically applicable when the perpetrator of embezzlement is a public officer, who is typically employed by the state of California, county, or city.

Under the law, public officers are individuals who work for California counties, cities, districts, authorities, municipal corporations, or their subdivisions. This definition also includes members of state boards, agencies, or bureaus. In essence, anyone employed by the state, whether it be the governor, a city council member, a secretary, a clerk, or an agent of a public employee, can be charged with embezzlement under Penal Code 504 PC.

In the context of Penal Code 504 PC, the term “fraudulent” refers to the intentional commission of a deceitful act that results in an undeserved benefit for oneself or causes harm or loss to the State.

California Penal Code 504 PC states that:
Every officer of this state, or of any county, city, city and county, or other municipal corporation or subdivision thereof, and every deputy, clerk, or servant of that officer, and every officer, director, trustee, clerk, servant, or agent of any association, society, or corporation (public or private), who fraudulently appropriates to any use or purpose not in the due and lawful execution of that person’s trust, any property in his or her possession or under his or her control by virtue of that trust, or secretes it with a fraudulent intent to appropriate it to that use or purpose, is guilty of embezzlement.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=504.

ELEMENTS OF CRIME

Under California Penal Code 504 PC, the elements of the crime of embezzlement by a public officer are:

• The defendant must be a public officer. This includes individuals who are employed by California counties, cities, city and counties, or other municipal corporations or subdivisions, as well as officers, directors, trustees, clerks, servants, or agents of any public or private association, society, or corporation.
• The defendant must have fraudulently taken state property or funds in their possession or control. This means that the defendant intentionally and deceitfully appropriated or used property or funds that were entrusted to them for purposes unrelated to the lawful execution of their public duty.

• The defendant must have exceeded their official authority by using the property or funds for purposes unrelated to their public duty. This means that the defendant went beyond the scope of their authorized duties and used the property or funds in a manner not permitted by their position.

It is important to note that the elements of this crime may vary depending on the specific circumstances of each case, and legal advice should be sought for a comprehensive understanding of the law.

PENALTIES, PUNISHMENT, AND SENTENCING

Under PC 504, if you are accused of embezzlement, you may face charges for petty theft under Penal Code 484/488 PC or grand theft under Penal Code 487 PC. The penalties and punishment for an embezzlement conviction will be based on the specific charge brought against you.

If the property involved in the embezzlement is valued at $950 or more, or if it is an automobile or a firearm, you may be charged with grand theft. In California, grand theft is considered a wobbler offense, which means it can be charged as either a misdemeanor or a felony. Penalties for grand theft can include imprisonment and significant fines.

If charged as a misdemeanor, the penalties for grand theft by embezzlement can include up to one year in jail and/or fines of up to $1,000. For felony charges, the penalties can range from 16 months to three years in jail and fines of up to $10,000.

It is important to note that in embezzlement cases, the judge has discretion to grant probation instead of incarceration. If you are granted probation, you may be required to fulfill certain conditions, which can include:

• Paying restitution
• Performing community service
• Attending counseling or rehabilitation programs
• Regularly reporting to the court or meeting with a court official to provide updates on your progress

If you fail to meet the terms of your probation, the court has the authority to revoke it and impose a jail or prison sentence. It is crucial to comply with the conditions of probation to avoid additional legal consequences. Please consult with a legal professional to get personalized advice based on your specific situation.

Furthermore, if the funds or property involved in the embezzlement are valued at less than $950, the prosecution may pursue a charge of petty theft. Petty theft is always considered a misdemeanor and can result in a sentence of up to six months in county jail and a fine of up to $1,000.

DEFENSES

To challenge a PC 504 accusation, there are several common legal defenses that may be raised to reduce or dismiss an embezzlement/misappropriation charge. These defenses include:

1. Not a Public Officer: This defense asserts that you were not a public officer at the time of the alleged crime, as only public officers can violate Penal Code 504.
2. No Intent to Defraud: This defense argues that there was no fraudulent intent involved in the case. It may be used if there was no deliberate deception to obtain unearned benefits or cause harm or loss to the government, such as in cases of innocent errors or honest mistakes.
3. Acted Under Duress: This defense involves claiming that the crime was committed under duress, meaning that you were forced to commit the crime due to serious threats of violence against you or your family.

The defense of duress is only applicable in cases where there is a serious threat of violence. Simply being mildly pressured or facing non-violent consequences, such as a negative vote or negative opinion, would not qualify as duress. To successfully claim duress as a defense, there must be evidence of criminal threats of harm to yourself or your family members.

If you are still under investigation and have not been charged, presenting strong defenses to the District Attorney may result in the rejection of the case before it progresses to the courts.

IMMIGRATION CONSEQUENCES

The immigration consequences of being charged under Penal Code 504 PC can vary based on the specific circumstances of the case. It is essential to consider the potential impact on immigration status, particularly when facing criminal charges.

If a person is charged under Penal Code 504 PC, which relates to embezzlement/misappropriation by a public officer, it is important to understand that certain criminal convictions, especially those involving fraud or crimes of moral turpitude, can have severe consequences on immigration status. Depending on the nature and severity of the charge, it could potentially lead to deportation or other adverse immigration outcomes.

It is advisable for individuals facing criminal charges under Penal Code 504 PC to seek legal counsel that specializes in immigration law to understand the specific implications on their immigration status and explore potential defense strategies to mitigate the immigration consequences. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

Sources:

1. Quick Reference Chart For Determining Key Immigration Consequences
2. Resources Quick Reference Chart for Determining Immigration Consequences

EXPUNGEMENT

Under California law, Penal Code 504 PC is the statute that deals with embezzlement by a public officer. Whether a conviction under California Penal Code 504 PC can be expunged depends on various factors and eligibility criteria for expungement in California.

Generally, a person may be eligible for expungement of a conviction if they successfully completed probation, are not currently serving a sentence for any offense, and are not facing criminal charges or serving probation for another offense. However, certain types of convictions, including those involving crimes of moral turpitude, may have additional limitations on expungement eligibility.

Sources:

1. California Penal Code 504 PC
2. California Expungement Law
3. California Expungement Eligibility

RELATED CRIMES

• Embezzlement – PC 503
• Grand theft – PC 487
• Bribery

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you are currently under investigation or have already been arrested and charged with embezzlement by a public official, which allegedly violates California Penal Code 504 PC, it is advisable to consult with a criminal defense lawyer. One such lawyer you may consider is Cyrus Tabibnia from Tabibnia Law Firm, who has over 19 years of experience in this field.

Cyrus Tabibnia can provide you with an initial consultation to discuss the specific details of your case. Based on his expertise, he may be able to negotiate with the prosecutor for reduced charges or even work towards getting the case dropped entirely.

In some cases, it may be possible to avoid formal filing of criminal charges through prefiling intervention, also known as a “DA reject.” This involves strategic intervention before the charges are officially filed in court.

If you are facing charges, contact Los Angeles embezzlement lawyer Cyrus Tabibnia for a free consultation. Call 866-713-2159.

Source: https://california.public.law/codes/ca_penal_code_section_504