Embezzlement (PC 503):
If you fraudulently appropriate property that belongs to someone else and has been entrusted to you, you can be charged and convicted of embezzlement, even if you borrowed it temporarily.
Penalties (PC 503):
Depending on the value that was stolen or borrowed, embezzlement in California is punished as California grand theft or California petty theft. Grand theft is when the property was worth more than $950, or is an automobile. This form of embezzlement is treated as a “wobbler,” giving the prosecutor the discretion as to charge you with a misdemeanor or felony. A misdemeanor charge can lead up to 1 year in county jail, while felony grand theft is punishable up to 3 years. Property that is worth less than $950 is a form of petty theft- a misdemeanor punishable by up to 6 months in county jail.
Legal Defenses (PC 503):
In order to be convicted under Penal Code 503 PC, it must be proven that you had criminal intent, were not falsely accused, and that you had no right to the property. We will work with you and the facts of your case to disprove the above notions.
Defenses to Embezzlement Charges
- Claim of good faith: The defendant openly took the property with a good faith belief of title. However, this defense likely does not apply if the defendant kept the property of another as compensation for debts owed to the defendant.
- Claim of authority: The defendant can show that the property was properly taken during the scope of duties through a power-of-attorney or trust instrument, or through another arrangement requiring the acts of an agent.
- No demand: While a demand is not explicitly required by law as an element of the crime, the owner of the property should make a demand or written request for the return of the property. The defendant’s refusal, if any, may reflect the defendant’s criminal intent. If the owner does not make a demand, the defendant may be able to offer a defense of neglect or another non-criminal reason for the lack of return.
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