It can happen even if you don’t realize: you exaggerate how much overtime you took or use a company card for something it’s not meant for, and suddenly you’re being accused of embezzlement. Even a mild charge can affect you for years and could put you in jail.
A Pasadena embezzlement lawyer can help you avoid that. By gathering evidence and negotiating with the prosecutor, your attorney could get your charges reduced or your record expunged. You can learn what a lawyer can do for you at a free initial consultation.
Examples of Embezzlement
When you think of embezzlement, you might think of some executive taking money from his company’s business account. While that does happen and embezzlement is a white-collar crime, most embezzlement happens at smaller businesses and in smaller dollar amounts.
Some common examples of embezzlement include:
- Writing a company check to yourself or taking money from a company cash register and altering records to account for that loss, often known as siphoning
- Overbilling your business’s customers and keeping the extra money
- Falsifying overtime records
- Ponzi schemes, in which someone takes new investors’ money to pay existing investors
In general, as long as someone has entrusted property (usually money) to a defendant, and that defendant has “fraudulently appropriated” that property, it’s considered embezzlement. Embezzlement is technically a type of theft, but it’s set apart by the relationship of trust between the victim and their employee, agent, or other figure tasked with handling their property.
For a free legal consultation with a embezzlement lawyer serving Pasadena, call (310) 896-2723
Is Embezzlement a Felony?
The answer to that question isn’t simple. Embezzlement charges actually vary depending on the amount of money embezzled. Because embezzlement is technically a type of theft, it’s often charged as such—either petty theft or grand theft. Whether an embezzlement case is charged as a misdemeanor or a felony depends on what type of theft it is.
Petty Theft Embezzlement
Petty theft embezzlement applies when the value of the property involved is less than $950. In these cases, the charge is always a misdemeanor unless the defendant has prior convictions or there are extenuating circumstances.
Grand Theft Embezzlement
Grand theft embezzlement applies when the value of the property exceeds $950, according to California Penal Code (PC) § 487. A grand theft charge is what is known as a “wobbler,” which means it could be either a felony or a misdemeanor. The charge that someone could receive for grand theft embezzlement depends on details surrounding the case.
Because embezzlement is not only a wobbler but also can result in petty or grand theft charges, it’s important to hire a Pasadena criminal defense attorney who knows how to negotiate with the prosecutor and the judge. By making a convincing case for you and making a deal with the prosecutor, a lawyer could get your charges reduced or even dropped.
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Penalties for Embezzlement in Pasadena
Because the charges for embezzlement can be one of three things, the penalties for embezzlement can range as well.
For petty theft embezzlement (under $950), you could receive:
- Up to six months in county jail
- Fines of up to $1,000
- A misdemeanor conviction on your criminal record
For misdemeanor grand theft embezzlement, you could receive:
- Up to a year in county jail
- Fines of up to $1,000
- A misdemeanor conviction on your criminal record
For felony grand theft embezzlement, you could receive:
- Up to three years in state prison or county jail
- Felony probation
- Fines of up to $10,000
- A felony conviction on your criminal record
Keep in mind that these are the maximum penalties that you could receive. An embezzlement lawyer in Pasadena can work to convince the judge that you don’t deserve the harshest of penalties and could get your charges reduced from a felony to a misdemeanor.
Judges commonly sentence defendants to probation instead of prison. This is favorable for people who would have otherwise spent years in jail, but instead can stay out of prison and continue to see family and friends. However, that doesn’t just happen on its own. Most of the time, a defense attorney needs to negotiate for probation time.
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Is There a Statute of Limitations for Embezzlement?
Yes, but the specific number of years will vary. If a defendant is guilty of embezzlement of public funds, then there is no statute of limitations. A prosecutor can convict them of embezzlement at any time. If a defendant is guilty of embezzling from an elderly person, then the statute of limitations is four years from the offense or four years from the date of discovery.
In any other case, embezzlement follows the general statutes of limitations in California:
- Three years for felony offenses that result in less than eight years of jail time (this applies to felony grand theft embezzlement)
- One year for misdemeanors
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Talk to an Embezzlement Attorney in Pasadena Today
Your charges, no matter how severe they are, can derail your career and potentially your life. Having a conviction on your record can make it hard to get a job or public office, and a felony could even keep you from being able to vote. A Pasadena embezzlement lawyer from Simmrin Law Group can help you avoid harsh penalties and possibly get your charges dropped.
Call us or contact us online today for a FREE initial consultation with one of our attorneys. We are on call to talk to you 24/7.
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