Embezzlement Attorney in Los Angeles, California
If you have been accused of embezzlement in Los Angeles, you need an embezzlement lawyer who understands how prosecutors build these complex financial cases. Cyrus Tabibnia is an experienced embezzlement attorney in Los Angeles who has defended clients facing charges under Penal Code 503 in both state and federal courts.
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Embezzlement Crimes in California
Embezzlement occurs when someone steals or misappropriates funds that were placed in their trust by someone else such as an employer or organization. The offense can be charged as a felony if the value of the embezzled property is greater than $950. Otherwise, it is only classified as a misdemeanor.
Most embezzlement often occurs in an employment setting, where an employee has access to valuable items such as money, credit card numbers, bank accounts, or products. In these cases, the employee takes these items without permission, which is also commonly referred to as employee theft. This crime typically involves an employee who has been granted permission to access certain items, but then misuses that access for personal gain.
Common Examples of Embezzlement Cases in Los Angeles
Embezzlement can take place in a variety of circumstances.
- A bank teller may have legal access to client money and be trusted with handling transactions involving that money. However, if the teller takes or uses some (or all) of the money for their own purposes, it is embezzlement.
- Companies or family members caring for someone can also be guilty of embezzlement if they take or use some (or all) of the money from that relative’s account for their own benefit.
- Professionals like lawyers or board members can be charged with embezzlement when they steal funds belonging to their company through misrepresentation or misappropriation of company property.
In order to be convicted of embezzlement, you must have legally possessed the property or been given authority to access it. The punishment for embezzlement can be severely punished under California law. Thus, you need the guidance of an experienced attorney from Tabibnia Law Firm. More details about California’s “Embezzlement” law are in the following blog. Let’s begin.
How California Law Defines Embezzlement Under PC 503
A person commits the crime of theft by unlawfully taking property that has been entrusted to him. To be convicted, the prosecutor must prove that the defendant took the property without permission and that he knew at the time that the property belonged to someone else. Here are the following four factors that a prosecutor needs to prove in court:
- Owners entrusted their properties to defendants
- He did so because he trusted the defendant, and
- The defendant converted or used that property fraudulently for his own gain.
- His intention was to deprive the owner of its use.
Note: A prosecutor does not have to prove that the owner of the property asked the embezzler to return his or her property. This “asking” is not an element of the crime.
Questions often arise under this statute about the meaning of:
- Relationship of trust,
- Fraudulent use, and
- Intent to deprive.
Let’s take a look at the following in detail:
What “Relationship of Trust” Means in a California PC 503 Embezzlement Case
An embezzlement conviction requires evidence of trust between the property owner and the defendant. Owners of properties and defendants have a relationship of trust when:
- The defendant is the owner’s employee,
- An owner gives temporary possession of his property to the defendant (e.g., a valet is given a car), and
- Defendants manage the money or property of owners.
Note: A relationship of trust requires concrete evidence of trust or confidence between employer and employee. But, an embezzlement charge cannot be justified based on the accused’s employment status alone.
What “Fraudulent Use” Means Under California Embezzlement Law
- When someone acts fraudulently under this statute, they either:
- Exploit another by taking advantage of them
- Results in the loss to that person by breaching a duty, trust, or confidence.
How “Intent to Deprive” Is Proven in a California Embezzlement Conviction
Embezzlement Penalties in California: Misdemeanor vs. Felony Under PC 487 and PC 488
Embezzlement in California can be charged as either grand theft (Penal Code 487 Penal Code) or petty theft (Penal Code 488 Penal Code), depending on the value and type of property that is stolen or misappropriated. The offense will be charged as grand theft if it involved property that was either:
- Worth more than $950,
- An automobile, or
- A firearm.
If you are caught embezzling, the punishment depends on the value of what was stolen. If charged with grand theft, it is a wobbler and can be charged as a misdemeanor or felony. As a misdemeanor, you can be imprisoned in county jail for up to one year. On the other hand, if a defendant is guilty of embezzling and the value of the property is worth $950 or less, you will be charged with petty theft which is a misdemeanor offense punishable by custody in county jail for up to six months.
What is the Difference Between Embezzlement and Grand Theft?
Embezzlement is stealing money or property that was entrusted to the person, while grand theft is stealing money or property that was not entrusted to the person. The main difference between the two crimes is the value of the stolen property: grand theft refers to taking property valued at more than $950. Otherwise, stolen items would be prosecuted as petty theft. And, embezzlement can be charged with any dollar amount. Despite this definitional difference between these (grand theft, petty theft, and embezzlement), all offenses will carry identical penalties in California.
California Crimes Related to Embezzlement: PC 503, 504, 424, 459, 470, and 496
PC 504: Embezzlement by a California Public Officer
According to California Penal Code 504 Penal Code, a public officer is guilty of embezzlement if he or she:
- Use of public property or funds in a fraudulent manner
- Use of them is inconsistent with his official authority.
Under Penal Code 503, this crime is punished in the same way as ordinary embezzlement.
PC 424: Misappropriation of Public Funds in California
Under Penal Code 424 Penal Code, misappropriating public funds constitutes a crime when:
- Fraudulent use of public funds is committed by the defendant, and
- Those funds were under his responsibility.
Similar to embezzlement, this crime involves the theft of money. It is important to note that embezzlement refers more to private funds, while this offense involves misusing public funds.
Tabibnia Law handles a wide range of criminal defense cases in Los Angeles, including theft crimes overview, white collar crimes, and fraud defense.
As per Penal Code 459 Penal Code, a person is responsible for burglary when he enters any residential or commercial building or room with the intent to commit a felony crime or theft crime once inside.
Note: A person could be guilty of this crime if he entered a building intending to commit embezzlement. This is because the act would be classified as a theft crime.
Forgery is a crime in California under Penal Code 470 Penal Code. It occurs when a person undertakes any of the following:
- Signs someone else’s name,
- Fakes a seal or another person’s writing,
- Falsify or alter any legal document, an
- A false document relating to money, finances, or property that is faked, altered, or presented as genuine.
Forgery requires fraudulent behavior, just as embezzlement, for an accused to be found guilty.
One of the most frequent theft offenses for which prosecutors file charges is petty theft. Even though the vast majority of these cases include shoplifting, petty theft under California Penal Code Sections 484(a) and 488 Penal Code can include any theft crime that fits the following requirements:
- The stolen property’s value is $950 or less.
- The property wasn’t directly taken from another person (such as a robbery or mugging offense)
- The item stolen was not a gun or an automobile.
Grand theft charges are brought under California Penal Code Section 487 Penal Code and pertain to stealing offenses that would not be considered petty theft. The grand theft charges apply when:
- The theft involves a loss in excess of $950,
- The item stolen is a car or a gun, and
- The item stolen was physically and directly taken off of a person.
PC 496: Receiving Stolen Property Under California Law
Receiving stolen property is a crime that is defined by Penal Code 496 Penal Code as purchasing, accepting, hiding, selling, or withholding anything that you know was obtained by theft or extortion. The crime has a maximum 3-year prison sentence and may be tried as a misdemeanor or felony.
Embezzlement Defense Strategies That Can Be Used Against PC 503 Charges in Los Angeles
Our Los Angeles attorneys can employ a range of legal tactics to secure the best result if you are facing Penal Code 503 embezzlement allegations. Every case will contain particular facts and evidence that call for a detailed examination of the particulars. The following are the most frequent legal defenses, though:
Lack of Criminal Intent
In some circumstances, criminal defense lawyer might prove that you didn’t express a desire to deprive the owner of their property or use it for your own gain. Particularly in an embezzlement case, it can be challenging to demonstrate criminal intent.
Good Faith Belief
Even if your initial assumption turned out to be incorrect, our criminal attorneys may be able to prove that you acted in good faith believing you had the owner’s permission to use their property in certain embezzlement situations. In other words, you had a reasonable belief that you were entitled to the property. Of course, you wouldn’t have tried to hide your behavior for this defense to be true.
False Allegations
We can also contend that the evidence used to support the embezzlement charges is falsified. For instance, it’s possible that the purported victim made up the accusation against you out of anger, revenge, or jealousy. Perhaps, the victim simply made a mistake about the property being taken or who took it. Naturally, we want to raise some uncertainty. If successful, you stand a good chance of getting a good result.
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Why Los Angeles Embezzlement Defendants Choose Cyrus Tabibnia
Cyrus has over 20 years of experience handling criminal and civil cases in CA. You work directly with him, not a paralegal or junior associate; he’s handling your case personally. He speaks English, Persian, and Spanish, so he can communicate with many families in their preferred language.
He has a deep familiarity with Los Angeles courts, and an understanding that this isn’t just a legal matter; it’s the worst thing that’s happened to you and your family.
Schedule a Free Consultation with Los Angeles Embezzlement Attorney Cyrus Tabibnia
Call our Los Angeles theft crime defense lawyer for a free first consultation if you are the subject of a criminal investigation or have already been charged with violating California Penal Code 503 Penal Code embezzlement. Our law company Tabibnia Law Firm has decades of expertise defending clients accused of white-collar crimes, such as embezzlement. Let us know how we can help you!
