Embezzlement in California

Dublin Criminal Defense Lawyer Ivan O.B. Morse Handles Embezzlement

It is necessary to discuss exactly what the crime of embezzlement involves. Embezzlement is a type of property crime generally categorized as a white collar crime. This crime involves unlawfully taking or retaining property that was entrusted to you. The main difference between this offense and other theft offenses is the element of trust involved. There is a fiduciary relationship present and the entrusted party has specified duties that they betray. The entrusted party can be a trustee, agent, corporate officer, public officer, etc.

When convicting a defendant of embezzlement, the prosecutor will need to show the following:

  1. The defendant took or retained property
  2. There was a fiduciary relationship between the defendant and the victim
  3. The defendant intended to defraud the victim of property that was entrusted to them
  4. The defendant intended to deprive the victim of the property

Defending Against Embezzlement Charges in Dublin, CA

If you have been arrested for embezzlement, your first move should be to contact an experienced criminal defense lawyer. The Law Office of Ivan O.B. Morse has ample experience with these cases and we are familiar with the effective defenses to embezzlement. Some defenses that can be made on your behalf, include:

  • A claim of good faith where you took the property while having good faith belief of title to the property
  • A claim of authority where you can show the property was taken within your scope of duties
  • In some cases, the owner should make a demand for the return of the property and if they do not make that demand, you may be able to argue neglect or another reason for not returning property.

Check out California Penal Code Sections 503-515 if you want to learn more about embezzlement. This crime is punishable by prison time and fines depending on the value of the property involved. To avoid the harsh consequences of embezzlement, contact The Law Office of Ivan O.B. Morse. Our Dublin criminal lawyers have years of experience helping the criminally accused and we can help you. Schedule your free case evaluation today to get started.

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