SAN RAFAEL Embezzlement Attorney

Defending Against Embezzlement Charges in California

In California, theft by embezzlement is defined as taking property illegally only after that property has been entrusted to the defendant by the victim. It is distinct from other types of theft, which may be characterized as opportunistic theft or theft without knowing the victim at all. If you are facing charges for theft by embezzlement, our San Rafael embezzlement lawyer from Chambers Defense is ready to provide the defense you need.

Call Chambers Defense today at (415) 423-2828 or contact us online to schedule a consultation with our embezzlement lawyer in San Rafael.

What is The Definition of Theft by Embezzlement?

According to Penal Code Section 503 PC, theft by embezzlement is theft of property when the original owner of the property trusted the accused, and the accused knowingly stole the property with the intent to benefit from it.

What are Examples of Theft by Embezzlement?

• An employee of a restaurant takes money out of the cash register. In this case, the company both implicitly and explicitly trusts the employee to safeguard the money and not take it for their own use.
• A son takes money from his parents' checking account after they agree to loan him a small amount. He takes a much larger amount once he gains access to their bank account and attempts to flee.
• A businessman is offered a company credit card for a business trip. The implicit and explicit understanding is that it will be used for necessary but frugal expenses. Instead, the businessman spends thousands of dollars on frivolous purchases and luxuries, costing the company.
• A CEO lies to shareholders about his company's activities and gains when the company is actually financially sinking. He earns a bonus at the end of the quarter, but the shareholders lose millions when the company finally goes under.

Proving Theft by Embezzlement in California

Prosecutors must undertake multiple steps to prove theft by embezzlement in California, especially because they must prove fraudulence. For an action to be fraudulent, a person must:

• take undue advantage of another person or
• cause a loss of property or money to that person by
• breaching confidence, trust, duty, promise, or other agreement

In layman's terms, a fraudulent action only occurs when lying or misleading plays a part. For instance, if someone handed a defendant a $20 bill without a word, and that defendant took the $20 bill and spent it on something, they would not be committing a fraudulent action. Yet if that same defendant took the $20 bill only after promising to not spend it, then spent it anyway, they would have acted fraudulently.

According to Penal Code Section 503 PC, for the People to prove that the defendant is guilty of theft by embezzlement, they must:

• prove that the owner of the stolen property/money entrusted that property to the defendant in the first place. If the defendant found that property, it is not theft by embezzlement (though it may be another type of theft depending on the circumstances)
• prove that the owner entrusted the property to the defendant out of a sense of trust
• prove that the defendant fraudulently used that property for their own benefit
• prove that the defendant use the property with the explicit intention or understanding that doing so would prevent the owner from using it

As you can see, proving theft by embezzlement is no small task. Skillful California defense attorneys can make the most of this and craft an effective defense for the accused by poking holes in the prosecutor's arguments.