Embezzlement is a type of property theft that occurs when an individual who is entrusted with property steals all or part of that property for his or her own personal gain. The key to an embezzlement charge is that the defendant must have legal access to the property, but not legal ownership of it.
Punishment Under California Law
Under California Penal Code § 514, an embezzlement conviction is punished according to the type or value of the property that was taken by the defendant. Below is a brief summary of the punishment under this section:
- Property worth less than $950: If the property that is embezzled is worth less than $950, it is considered a misdemeanor (petty theft). The defendant may be subject to a possible jail sentence of 6 months or less and a fine of up to $1,000. If the property is worth less than $50, the offense may be only an infraction with a penalty of a fine up to $250.
- Property worth more than $950: If the property is worth more than $950, it will be considered a grand theft. The defendant may be subject to a jail sentence of a maximum of one year. For enumerated items, a felony grand theft conviction may be entail state prison time of 16 months, 2 or 3 years.
- In addition to the penalties described above, the judge may add extra fines, prison time or both for an embezzlement conviction that involves “aggravating factors.”
The Importance of Hiring a Los Angeles Embezzlement Attorney
The punishment for an embezzlement conviction can be serious. If you or a loved one has been charged with embezzlement, it is important to hire a Los Angeles embezzlement attorney with experience in such cases in order to obtain the best result. A knowledgeable attorney can develop and prepare a defense strategy early in the case that can help you avoid a conviction and or negotiate a settlement that keeps you out of jail or prison.
Call Us Today!
For more information or to schedule a complimentary consultation with criminal defense attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.