Embezzlement Defense Lawyer

At Candice Fields Law, PC, we understand that embezzlement charges can devastate your professional and personal life. As dedicated California embezzlement defense lawyers, we provide strategic defense representation for individuals facing these serious allegations. Our firm brings substantial courtroom experience in white-collar criminal defense, having successfully defended numerous clients against embezzlement charges throughout California. Contact our California embezzlement defense attorney team today for a confidential consultation.

How an Embezzlement Defense Lawyer Can Protect Your Rights

At Candice Fields Law, PC, our California embezzlement defense lawyers understand how a strong legal defense can protect your rights and future when facing embezzlement charges. Here's how we work to safeguard your interests:

• Initial Case Analysis: Our California white-collar crime defense lawyers conducts a comprehensive review of all evidence, including financial records, witness statements, and documentation related to the alleged misappropriation.
• Protection During Investigation: As your California embezzlement defense lawyer, we shield you from self-incrimination during law enforcement questioning and ensure your rights are protected throughout the investigative process.
• Evidence Examination: We scrutinize prosecution evidence for procedural errors, constitutional violations, or alternative explanations that could support your defense against embezzlement allegations.
• Defense Strategy Development: Our California embezzlement defense lawyers create customized defense strategies based on thorough analysis of transaction records, witness accounts, and relevant business practices.
• Financial Record Analysis: We work with forensic accountants to examine complex financial transactions and identify legitimate explanations for questioned activities.
• Pre-Trial Intervention: Your California embezzlement defense attorney may negotiate with prosecutors before charges are filed to prevent formal accusations or reduce potential charges.
• Alternative Resolution Options: We explore possibilities for civil compromise, restitution agreements, or diversion programs that could help avoid criminal conviction.
• Professional License Protection: Our California embezzlement defense lawyer team works to prevent or minimize impacts on your professional licenses and career opportunities.
• Trial Preparation: We build a strong defense through meticulous preparation, including gathering evidence, preparing expert witnesses, and developing effective trial strategies.
• Sentencing Advocacy: If conviction cannot be avoided, your California embezzlement defense attorney fights for minimal penalties and alternative sentencing options.

Penalties for an Embezzlement Conviction in California

As California embezzlement defense lawyers at Candice Fields Law, PC, we believe it's crucial for clients to understand the potential penalties they face. Our California embezzlement defense attorney team provides this overview of possible consequences under California law:

• Misdemeanor Penalties: For embezzlement of property valued at $950 or less, penalties can include up to one year in county jail, fines up to $1,000, and misdemeanor probation.
• Felony Penalties: When property value exceeds $950, penalties may include 16 months to 3 years in state prison, fines up to $10,000, and formal probation.
• Professional License Consequences: A conviction often triggers automatic suspension or revocation of professional licenses, potentially ending careers in finance, law, healthcare, or real estate.
• Mandatory Restitution: Courts require full repayment of embezzled funds plus interest, often as a condition of probation or reduced sentencing.
• Civil Penalties: Beyond criminal penalties, defendants may face civil lawsuits from victims seeking additional damages, potentially resulting in wage garnishment or asset seizure.
• Enhanced Penalties: Cases involving elderly victims or amounts exceeding $65,000 can result in additional prison time and higher fines.
• Federal Consequences: When embezzlement involves federally insured institutions or crosses state lines, federal charges may apply with penalties up to 30 years in prison.
• Employment Impact: A conviction creates a permanent criminal record that can severely limit future employment opportunities, especially in positions involving financial responsibility.
• Immigration Effects: For non-citizens, embezzlement conviction may result in deportation or inadmissibility as it qualifies as a crime involving moral turpitude.
• Probation Terms: Even with probation instead of prison time, strict conditions may include regular reporting, financial monitoring, and employment restrictions.

What Constitutes Embezzlement in California?

Under California Penal Code Section 503, embezzlement is legally defined as:

"Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted."

The law requires four specific elements to be proven under California Penal Code Section 484:

1. The owner entrusted their property to the defendant
2. The owner did so because they trusted the defendant
3. The defendant fraudulently converted or used that property for their own benefit
4. When the defendant converted or used the property, they intended to deprive the owner of its use

The offense can be charged as either a misdemeanor or felony under California Penal Code Section 514, depending on the value of the property embezzled:

• If the value is $950 or less, it's typically charged as a misdemeanor
• If the value exceeds $950, it can be charged as either a misdemeanor or felony at the prosecutor's discretion

Additionally, under California Penal Code Section 506, the law specifically addresses embezzlement by public officers, stating:

"Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise entrusted with or having in his control property for the use of any other person, who fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust... is guilty of embezzlement."

California Embezzlement Defense Cases We Take

As your California embezzlement defense attorney, we handle cases involving various financial positions and circumstances:

• Corporate Officer Cases: We defend executives, directors, and officers accused of misappropriating company funds or assets through unauthorized transactions or transfers.
• Banking and Financial Services: Your California embezzlement defense lawyer provides representation for bank employees, financial advisors, and investment professionals facing allegations of client fund mismanagement.
• Trust and Estate Matters: Our California embezzlement defense attorneys defend trustees, executors, and administrators accused of improperly using estate or trust assets.
• Retail and Sales: We represent retail managers, sales professionals, and cashiers charged with theft or misappropriation of company funds or inventory.
• Accounting Personnel: Your California embezzlement defense lawyer defends bookkeepers, accountants, and controllers facing charges related to financial record manipulation or unauthorized transfers.
• Healthcare Industry: Our California embezzlement defense attorneys handle cases involving medical office managers, billing specialists, and healthcare administrators accused of insurance or billing fraud.
• Property Management: We defend property managers and real estate professionals charged with misappropriating rent payments, security deposits, or maintenance funds.
• Non-Profit Organizations: Your California embezzlement defense lawyer represents directors and employees of charitable organizations facing allegations of misusing donated funds.
• Government Employees: Our California embezzlement defense attorneys defend public servants and government contractors accused of misappropriating public funds or resources.
• Small Business Cases: We represent small business owners and employees facing embezzlement charges related to partnership disputes or internal financial conflicts.

If you're facing embezzlement charges in any of these areas, contact Candice Fields Law, PC today. Our California embezzlement defense lawyers have extensive experience defending clients across these various sectors and will work diligently to protect your rights and interests throughout the legal process.

Embezzlement Examples

As your California embezzlement defense attorney, we want to help you understand common scenarios that can lead to embezzlement charges:

• Payroll Manipulation: A payroll manager processes payments to non-existent employees or inflates work hours, directing the excess funds to their personal account.
• Check Tampering: A bookkeeper writes company checks to themselves but records them in the system as payments to legitimate vendors.
• Expense Reimbursement: An employee submits falsified expense reports with doctored receipts or claims reimbursement for personal purchases disguised as business expenses.
• Cash Skimming: A retail manager fails to record cash transactions and pockets the money, manipulating daily sales reports to hide the missing funds.
• Electronic Fund Transfers: An accounts payable clerk changes vendor payment information to direct legitimate payments to their personal bank account.
• Inventory Theft: A warehouse supervisor falsifies inventory records to hide the systematic removal of merchandise for personal resale.
• Client Trust Accounts: A professional misappropriates funds from client trust accounts by temporarily "borrowing" money, intending but failing to replace it before discovery.
• Double Billing: An office manager bills clients twice for the same service, directing the duplicate payment to a personal account while recording only one payment in company records.
• Commission Fraud: A sales representative creates fake sales or inflates sales figures to earn undeserved commission payments.
• Credit Card Misuse: An employee uses a company credit card for personal purchases while manipulating expense reports to make charges appear business-related.

What To Do If Charged with Embezzlement in California

As your California embezzlement defense attorney, we recommend taking these immediate steps to protect your rights and strengthen your defense:

• Maintain Complete Silence: Do not discuss your case with anyone except your California embezzlement defense lawyer, as statements to colleagues, friends, or social media can be used against you in court.
• Preserve All Documents: Secure and organize all financial records, emails, communications, and documents related to the alleged embezzlement for your California embezzlement defense attorney to review.
• Avoid Contact with Accusers: Refrain from any communication with your employer, coworkers, or others involved in the allegations, as attempts to explain or resolve the situation could worsen your legal position.
• Secure Digital Evidence: Preserve but do not delete any electronic records, including emails, text messages, and financial documents that your California embezzlement defense lawyer may need for your defense.
• Document Timeline: Create a detailed chronological account of relevant events and transactions while your memory is fresh, sharing this only with your California embezzlement defense attorney.
• Professional License Protection: Notify your California embezzlement defense lawyer about any professional licenses you hold so they can take steps to protect your professional standing.
• Cancel Access Rights: If you haven't already, cease using any company accounts, credit cards, or access credentials to prevent additional allegations.
• Resist Repayment Offers: Don't attempt to repay any disputed amounts without consulting your California embezzlement defense attorneys, as this could be interpreted as an admission of guilt.
• Employment Decisions: Consult your California embezzlement defense lawyer before making any employment decisions, including resignation or accepting termination.
• Financial Records Review: Gather personal financial records that might demonstrate legitimate sources for any questioned assets or transactions.

Protect Your Rights and Future Today

Our California embezzlement defense lawyers at Candice Fields Law, PC understand that facing embezzlement charges can feel overwhelming. Don't let uncertainty about your future keep you awake at night. Contact our California embezzlement defense attorney team today for a confidential consultation. Together, we'll develop a strategic defense to protect your rights, reputation, and freedom.

Embezzlement Defense Lawyer FAQs

At Candice Fields Law, PC, our California embezzlement defense attorneys provide answers to common questions about embezzlement charges and defense:

Can my employer press charges even if I returned the money?

Yes, returning embezzled funds does not prevent criminal charges. While restitution may help during sentencing, prosecutors can still pursue criminal charges even after repayment.

How long does the prosecution have to file embezzlement charges?

The statute of limitations for embezzlement in California is generally four years from the discovery of the offense, not from when it occurred. For complex schemes, this time may be extended.

Will I lose my professional license if charged with embezzlement?

A charge alone typically doesn't trigger automatic license suspension. However, our California embezzlement defense lawyers work proactively with licensing boards to protect your professional standing throughout the legal process.

What if I accidentally used company funds?

Embezzlement requires fraudulent intent. If you can demonstrate the use was accidental or based on a genuine misunderstanding, this may provide a strong defense against criminal charges.

Is embezzlement considered a "white-collar crime"?

Yes, embezzlement falls under white-collar crimes, which can actually result in harsher sentencing due to the breach of trust involved and often substantial financial losses.

How are embezzled amounts calculated?

Prosecutors typically calculate the total amount based on all unauthorized transactions over the entire period. Your California embezzlement defense attorney can often challenge these calculations through forensic accounting.

Does my company need to prove exactly how much was taken?

No, prosecutors don't need to show the exact amount, but must prove beyond reasonable doubt that embezzlement occurred. However, the amount affects whether charges are filed as misdemeanors or felonies.

Can I get an embezzlement conviction expunged?

Under certain circumstances, yes. After completing probation or serving your sentence, your California embezzlement defense lawyer can petition for expungement, which may help with future employment.

What if the allegations are part of a larger business dispute?

Business disputes often involve complex financial disagreements that may be better resolved civilly rather than criminally. Our California embezzlement defense attorneys can often help redirect appropriate cases to civil court.