San Diego Embezzlement Defense Attorneys
We are San Diego Embezzlement Defense Attorneys. Our attorneys work to Dismiss Embezzlement Charges, Acquit Embezzlement Charges, and Reduce Penalties for Embezzlement Charges in all criminal courts in the County of San Diego. If you have been charged with the Crime of Embezzlement we can help.
What is Embezzlement?
The charge of embezzling money or valuables is a Theft Crime in California. It’s a breach of trust where the Defendant is authorized to hold or use the property or money, but then makes it their own. Embezzlement is defined as “the fraudulent appropriation of property by a person to whom it has been intrusted.”
A classic example of California Embezzlement occurs when an employee of a cash business takes money from customers without giving it to his or her employer. The employee is authorized by nature of their job duties to take cash from customers and then deposit it in the company’s coffers (eg add to cash register or give to the company’s accountant). The crime of embezzlement occurs when that employee instead takes the cash (ie converts) by pocketing it or giving it to an accomplice.
Embezzlement is a theft crime because it requires the government prove that the defendant never intended to return the property to it’s true owner. It is different from theft in that there is no trespass element because the defendant legally had the right to possess the property.
Embezzlement Charges We Defend
There are many types of Embezzlement. Some of the more common types or are the following.
- Penal Code 503 – Embezzlement
- Penal Code 504 – Embezzlement by Public Officer
- Penal Code 504a – Embezzlement by lessee or bailee
- Penal Code 506 – Embezzlement by Fiduciaries of a Trust
- Penal Code 508 – Embezzlement by Clerk, Agent or Servant
No matter which Embezzlement Charge you are facing, we can help you get through it. There are many legal ways to reduce or avoid the consequences of an Embezzlement Charge. Call today to speak with one of our skilled criminal defense lawyers.
What Must the Government Show?
To convict someone of Embezzlement the government must show:
- An owner of property entrusted property to the defendant
- The owner did so because he trusted the defendant
- The defendant fraudulently took or used that property, and
- When the defendant took or used the property, he or she intended to permanently deprive the owner of it or its use.
Penalties for Embezzlement
Embezzlement carries severe penalties if convicted. These include
- State Prison
- County Jail
- Formal Probation
- High Fines and Court Fees
- Theft Classes
- Stay Away Orders
- Victim Restitution Liability
- A Permanent Felony Record for a Crime Involving Moral Turpitude
Defenses To Embezzlement
There are many defenses which, if pursued by an experienced criminal defense attorney, could result in a dismissal or acquittal of an Embezzlement Charge. We employ every defense possible to help achieve a Dismissal, Acquittal or Reduction of Embezzlement. These defenses include
- The Government cannot prove all the elements of the crime.
- Defendant did not have the requisite specific intent to deprive the owner of the property.
- The Victim and Defendant enter into a Civil Compromise.
- The Defendant honestly believed the property was theirs.
- Embezzlement was performed Under Duress
Every case is different. Call one of our experienced Embezzlement attorneys for a Free Case Analysis to see what possible defenses you may have to your Embezzlement charge.
What Can We Do?
We are experienced and skilled Criminal and Embezzlement Defense Attorneys. We diligently and confidently represent those charged with Embezzlement in Court. We can conduct an independent investigation, gather the facts, obtain and review the government’s evidence, and argue for dismissal, acquittal or reduction of charges to lesser offenses.
Our Attorney Advantage
An Embezzlement Charge can have serious consequences. Hiring the right attorney may be the difference between a conviction and a dismissal. Take back the Upper Hand. Our defense attorneys are the best in the business:
- A Skilled and Experienced Defense Team – We are the right team to defend a criminal charge. We have successfully handled thousands of criminal cases and have satisfied clients all over California. We know the law, procedure and practicalities of criminal litigation that can give you the upper hand in court.
- Well Known and Respected – We appear in the courts of San Diego every day of the week. We are known by judges, prosecutors and our colleagues. Our attorneys have a reputation for competent and effective representation in the area of criminal law. We strive to achieve excellence on every case and have established a reputation for getting great results.
- State of The Art Legal Practice – We are a 100% Paperless law firm. All of our clients are given 24/7 access to everything in their case file. Attorney notes, evidence, witness statements and motions are all scanned and stored digitally in an easy to navigate cloud based system. Its encrypted to standards of the department of defense. Rest assured that your file is safe, sound and available to you whenever you need it.
If you have been charged with Embezzlement, we offer a 100% free Consultation by calling 619-649-2424 or emailing us at email@example.com. Talk to one of our experienced criminal defense attorneys today and take back the upper hand.
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Scott Hullinger, Esq.
Criminal and Civil Attorney