Talk to a Criminal Defense Lawyer about Your Embezzlement Charge (Part 2)
In a previous blog post, we discussed how a criminal defense lawyer who covers white-collar crimes can help you strategize a defense for embezzlement. The information below gives you further details about what you can face if you’re committed the crime.
White Collar Criminal Defense: What It Takes to Win
While 40% of embezzlement charges are dropped, around 60% of the defendants are not so lucky. That is why it is imperative that your lawyer is well versed in cases involving theft and embezzlement. An experienced criminal defense lawyer knows how the other side must prove its case. He or she is ready to deal with allegations and how to respond appropriately.
How the Plaintiff’s Attorney Must Prove Intent
As further proof of embezzlement, the plaintiff’s attorney must show that the conditions for embezzlement were present. These conditions are noted as follows:
- The defendant gained possession or acquired the property as the result of a fiduciary relationship. In other words, the owner entrusted the property to the defendant.
- The defendant received the property through a fiduciary relationship so he or she could deprive the property’s owner.
- The defendant’s resulting actions or the taking of the property was intentional.
Responding to Embezzlement Allegations
In turn, a logical and effective defense is one where the lawyer disproves any of the above-mentioned elements. He or she may also prove, as previously mentioned in Part 1 of this post, that the other side cannot support a paper trail or lacks evidentiary material.
In addition, a criminal defense lawyer may also defend an embezzlement charge as follows:
- Duress. This defense is used if the defendant believed they felt threatened or endangered if they did not commit a crime.
For example, a defendant may claim that they were afraid of losing their job or a family member might be hurt if they did not embezzle an owner’s property. Defenses based on satisfying a drug or gambling addiction or an attempt to avoid family hardship usually do not work.
- Entrapment. Entrapment occurs when a police authority influences a person to commit a crime they otherwise would not commit. Therefore, a law-abiding citizen may feel induced to commit a criminal offense because of the harassment or threats of a government agent.
According to the U.S. Department of Justice, any predisposition to commit a crime, such as an embezzlement, can knock down an entrapment defense. If the individual was a criminal who was unwary of the other party’s motive, any defense along these lines will fail.
- Absence of Intent to Commit a Criminal Offense. The intent of the litigant to commit embezzlement is a crucial factor in their guilt or innocence. Embezzlement implies that you broke your fiduciary duty by intentionally taking another person’s money or property. This defense is used when the person who committed the crime believes they were the actual owner of the property or funds they took.
- Incapacity. A criminal defense lawyer may also show the person who embezzled money was, at the time of the crime, incapacitated. For example, if the embezzler was under the influence of a heavy drug, as long as the drug was prescribed, he or she may claim they were incapacitated. You cannot use involuntary intoxication as a defense.
If you’ve made an honest mistake, you’ll need to talk to a criminal defense attorney who can deftly show the error so you’re totally exonerated of the crime. Ignorance is not a defense as there is a fine line between it and intent. That is why you need someone who can read the big picture legally and plan a skillful defense.
Punishments for Embezzlement in California
As noted in the previous post, the punishments for theft and embezzlement depend on the extent of the crime and how much was taken. In California, you will usually be charged with a misdemeanor if you’ve absconded property in the amount of $950 or less. This is known as petty theft. If the amount is larger, you’ll receive a more severe sentence.
If you’re convicted of petty theft for your embezzlement, you may spend six months or less in jail and pay a fine of up to $1,000.
If the amount stolen is less than $50.00 and this is your first offense, you may be charged with an infraction, which would subject you to a fine of up to $250.
If your embezzlement leads to a grand theft charge, you may have to spend up to a year in jail for a misdemeanor charge or 16 months to 36 months for a felony charge. This law is laid out in Ca. Penal Code § 484 to 502.9.
Embezzling Public Money
If you’re convicted of an embezzlement charge concerning public money, you may have to repay the stolen funds or property and spend two to four years in prison. After restitution, you’ll be permanently ineligible to hold a job in local or state government.
Aggravating Factors Involved in Embezzlement
You’ll need a good criminal defense lawyer to prevent you from being sentenced for aggravating factors in an embezzlement case. In this situation, additional penalties are imposed for the following activities:
- If you’re a defendant who is convicted of two or more felonies that involve embezzlement or fraud, which, in total, led to a loss of $100,000, this factor, known as white-collar crime enhancement, can add up to five years in prison plus fines.
- If you were caring for a dependent or elder where you assumed a position of trust, the court can increase your jail time or fines. Whether you were caring for an elderly person or relative, oversaw the care of a person with physical or mental disabilities, or supported the care of someone living in an assisted living facility, these extenuating factors can add to your jail time and fines.
Gathering the Evidence: What the Prosecution Needs to Gather and Prove
To prove embezzlement, the prosecution must use evidence in the form of the following:
- Financial records
- Employee statements that incriminate the defendant
- A confession of guilt from the defendant
- A shown pattern of taking property or money – proof of intent
To prevent embezzlement, especially in this age of technology, businesses may install tracking software as a measure of security. Computer information monitors and inventory software can be used for this purpose.
Discuss Your Embezzlement Case with A Reputable LA Criminal Defense Attorney
If you need a criminal defense attorney who is a knowledgeable white-collar crime lawyer, contact Jance M. Weberman as your legal counsel. Call (213) 386-9100 to schedule an appointment today.