San Bernardino Embezzlement Defense Attorneys

Defending the rights of Californians who have been charged with embezzlement crimes in San Bernardino

Have you been accused of embezzling money in San Bernardino? Many people are shocked to learn that an embezzlement crime can be considered a felony that is punishable by law. Even though embezzlement is thought to be a white-collar crime, you can be charged with embezzlement even if you took small amounts of money and/or did not intend to keep the property. To be clear, embezzlement does not always involve people in power and large sums of money.

What is Considered Embezzlement in San Bernardino?

The crime of embezzlement refers to fraudulently taking property that belongs to someone else and has been entrusted by you. It is punishable by law under Penal Code 503. There are many situations where embezzlement can occur. Let’s look at a few examples.

• You are an employee working at a valet service outside a restaurant. You take a car so that your roommate can bring her son to the doctor. Even though you intended to return the vehicle, you can still be charged with embezzlement.
• You are asked by your boss to deposit funds into the business account so that the checks won’t bounce. Instead of taking the money to the bank, you keep it for yourself to cover your rent. This is an embezzlement crime.
• You work for a nonprofit organization and are in charge of managing the finances. You “borrow” some of the money to pay for holiday gifts and plan on paying it back with your next check. No one should notice. Unfortunately, this is embezzlement, too.

It is important to clarify the difference between embezzlement and regular theft. With embezzlement, you are in possession of the property that was taken. With theft, you try to illegally take a piece of property. So, if someone trusts you with money or a vehicle and you take it, this is considered embezzlement. You had the property in your possession and were trusted with it.

If you are being charged with embezzlement, the aggressive embezzlement defense lawyers in San Bernardino are here for you.

What are the Penalties for Embezzlement?

Embezzlement is punished as a form of California grand theft (Penal Code 487) or California petty theft (Penal Code 484a) depending on the property that was taken and other factors surrounding the case. For example, if the property you stole or borrowed was worth more than $950 and was an automobile or firearm, you can be charged with grand theft.

California grand theft is a wobbler crime in California. This means that it can be charged as a felony or misdemeanor. Misdemeanor charges can include probation, up to one year in county jail and/or a fine of up to $10,000. If you are charged with a felony, the punishment increases to up to three years in county jail.

If the property you stole or borrowed was worth less than $950, you may be charged with petty theft. This charge carries probation, up to six months in county jail and/or a fine of up to $1,000. If you happen to pay back the money that you borrowed before you are charged with embezzlement, but a person finds out about it later, your punishment may be less strict.

If there were aggravating factors involved in your case, the judge will likely give you a harsher sentence. For example, did you steal property from an elderly person? You could get a tougher sentence and be charged with elderly abuse under Penal Code 368.

What are Legal Defenses for Embezzlement?

Being accused of embezzling money or property in San Bernardino can affect your personal and professional life. No one will want to hire someone who supposedly embezzled money, so it’s important to align yourself with an experienced team of embezzlement defense attorneys in San Bernardino as soon as possible.

Here at The Law Offices of David S. Chesley, we will review your case and determine the best legal defense for your circumstances. Our goal is to reduce your charges or have them dropped altogether. Here are some of the legal defenses that may make sense for your case.

• You believed that you had rights to the property. In good faith, can we prove that you took the property while believing you had rights to it? You must be able to show that you took the property openly and had a reason to believe it was yours.
• You lacked criminal intent. To be charged with embezzlement, a prosecutor must prove that you intended to remove the property from the victim, even if it was only temporarily. We may use this defense if we can show that your taking of the money was really just an oversight.
• You were falsely accused. People are wrongly accused all of the time, and it’s common in embezzlement cases. It’s possible that the victim is trying to get you in trouble or retaliate over a bad business or personal relationship. To prove this, we will get witness statements and the right evidence to prove you were not involved.

Other Offenses You May be Charged With

Our San Bernardino embezzlement defense attorneys have many clients who are charged with additional crimes related to embezzlement. For example, you could be charged with forgery under Penal Code 470, which is a wobbler crime in California.

Burglary is another common crime connected to embezzlement. You may be found guilty of burglary if you broke into a structure with the intent to commit theft or another felony. Burglary is a wobbler crime under Penal Code 459 and can be charged as a misdemeanor or felony.

Another connected crime is the misappropriation of public funds (Penal Code 424). This is closely tied to embezzlement because it involves controlling government funds and sending them out to people without the authority to do so. If you created false statements or altered financial documents, you could be charged with the misappropriation of public funds, a felony crime that carries a state prison sentence of two, three or four years.

Schedule Your Free Consultation Today

If you have been accused of embezzling money or property, it’s imperative that you consult with the best San Bernardino embezzlement defense attorneys. Embezzlement is not only a white-collar crime that involves powerful people and large sums of money. You can still be charged with this crime even if the amount was small and your intent was to return the property. Schedule your free consultation with the Law Offices of David S. Chesley to have your case reviewed and to determine the best legal defense.