Long Beach Embezzlement Lawyer

Important Information on Embezzlement

Embezzlement occurs when property has been entrusted to an individual and they then take that property in an illegal manner. It falls under the Penal Codes dealing with theft. The key difference between theft and embezzlement is the word "entrusted". To be convicted of embezzlement, an individual must have had legal access or possession of the property before taking it. It is commonly seen in employment situations.

Embezzlement can take many forms such as check fraud, forgery, burglary (as from an employer) and others. Regardless of the crime that an individual is charged with, a prosecutor must prove certain essential elements in order for them to be convicted. They must prove that the person had a relationship of trust with the victim. The prosecutors must show, that as part of that relationship, there was specific property that they were entrusted with. Finally, they must prove that the individual did in fact intend to take the property in a fraudulent manner.

Penalties for Embezzlement Charges

An individual will either be charged with petty theft or grand theft in embezzlement cases, depending upon the value of the property that was taken. If the amount is worth more than $400, a charge of grand theft will be pursued. It will also be grand theft if the embezzlement was of a vehicle or a firearm, no matter what their worth. A person can be charged with multiple embezzlement violations if there were repeated acts done over a period of time. Conviction can bring about restitution, fines, probation, court-ordered counseling and at least 16 months in state prison.

It is vital that you contact an attorney quickly if you have been charged or feel that you will be. At times, a settlement can be worked out which may prevent charges from being filed. If you are charged, Leonard Matsuk works towards getting your charges reduced or dropped. If a trial must occur, he strives to bring about a non-guilty verdict.