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Embezzlement

 
 

Occasionally, a law-abiding citizen faces embezzlement charges for what they may have thought was a harmless act. For example, selling a $100 item to a buddy for $1 can create an embezzlement charge.

Embezzlement charges are one of the subcategories of larceny or theft. Embezzlement is a “white collar crime”.  Generally embezzlement crimes are non-violent acts perpetrated for financial gain.

Common types of embezzlement include:

Credit card fraud
False records (invoices and/or accounts) to hide a theft
Stealing insignificant amounts of money or property over a period of time
Theft involving a large amount of money at one time
 

White-Collar crimes may be just as severely prosecuted as violent crimes, and it is vital that you speak to an experienced embezzlement lawyer without delay. In most cases, the State prefers to keep non-violent offenders out of prison. The respected Inland Empire embezzlement defense attorneys at Rizio & Nelson have what it takes to negotiate an out-of-court plea agreement whenever suitable.

Definition of Embezzlement

By definition, embezzlement is the "unlawful transfer of money or property for personal use." The difference between embezzlement (employee theft) and other kinds of theft is that embezzled property is lawfully possessed or used by the individual doing the embezzling, typically as part of their job responsibilities.

Under California Law embezzlement charges are classified as a misdemeanor or felony.
Embezzlement charges can be filed for practically any amount of money, no matter how insignificant. An employer accusing you of embezzlement can attempt to withhold your salary until your case is settled. In nearly all cases, an audit is organized to expose the particulars of the case.

Punishment for Embezzlement

Embezzlement sentencing can be a life-changing experience, including jail, state prison, monetary fines, rehabilitation (or therapy) and victim compensation. The punishment will fluctuate, largely depending on the individual case. For instance:

 
In may first-offense cases involving less than $400, the punishment is a small fine, community service, repayment, and 36 months of informal probation.
A second offense carries far more significant charges. Second charges of embezzlement may be classified as Felony Theft (also known as petty theft with a prior) and may be punishable by 12 months incarceration or a 16-36 month state prison term.
 
Stealing goods or money worth more than $400 is considered Grand Theft. In this case, the offense can be classified as either a misdemeanor or a felony. With Grand Theft, penalties include:
 
At least 16 months in a state prison
Probation/parole
Victim compensation
Court-ordered rehabilitation/therapy
Monetary Fines
 

It is important to remember that your prior criminal background can affect the potential outcome of your case in many ways, especially with California’s strict Three-Strikes Law. An embezzlement charge alone can carry its own consequences, apart from the guilt or innocence of the defendant, since allegations are embarrassing, can add a lifelong social stigma, and restrict future employment prospects.

Embezzlement Defenses

Developing a strong defense early in the case is crucial step before discussing settlement or trial options. It is imperative to retain an attorney with experience in embezzlement cases in order to ensure the best outcome. An inexperienced attorney may overlook an important opening for dropped or lesser charges, or even acquittal. An attorney can sometimes bargain reimbursement (by way of a payment schedule) with the victim before formal criminal charges are filed.

It is critical to contact an attorney who understands embezzlement law to discuss your case and begin mounting your defense. Contact the Inland Empires’ embezzlement attorney’s at Rizio & Nelson immediately.  Our California trained embezzlement lawyers are available to fight for you and to protect your future any hour of the day or night, so call today.

 
Attorneys on Call 24/7: 951-271-7904
     
 
 
 
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