White-Collar Criminal Defense: Embezzlement in Fresno & Beyond – Bakersfield Criminal Defense Lawyer Christopher Martens
Understanding Embezzlement in California
Under California Penal Code Section 503, embezzlement is defined as the fraudulent appropriation of property by a person to whom it has been entrusted. This offense often involves situations where someone with legal access to another person's money or property abuses that trust for personal gain. Unlike other forms of theft, the key element in embezzlement cases is that the defendant had legal access but not legal ownership of the property.
Facing Embezzlement Charges? Contact Martens Law Firm Immediately
If you have been accused of or arrested for embezzlement, it is crucial to get ahead of the charges by contacting an experienced defense attorney. At Martens Law Firm, we provide skilled white-collar criminal defense to clients in Fresno, Bakersfield, Visalia, and surrounding areas.
Proving Embezzlement in California
For a conviction under Penal Code 503, the prosecution must prove the following:
- The owner entrusted their property to the defendant.
- The owner did so because they trusted the defendant.
- The defendant fraudulently used or converted the property for their benefit, causing a loss or taking undue advantage.
- The defendant intended to deprive the owner of their property when they converted or used it.
California Embezzlement Penalties
Embezzlement penalties in California depend on the value and type of property involved:
- Property worth less than $950: Typically charged as a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.
- Property worth less than $50: In some cases, this can be charged as an infraction with a fine up to $250.
- Property worth more than $950: Classified as grand theft, carrying a potential sentence of up to one year in jail.
- Enhanced Penalties: Some situations involve harsher consequences, such as embezzlement of public funds or elder abuse, leading to longer prison sentences and higher fines.
For example, embezzlement involving multiple felonies that result in a combined loss of over $100,000 may trigger a “white-collar crime enhancement,” leading to even more severe penalties.
Defending Against Embezzlement Charges
A solid defense strategy is essential when facing embezzlement charges. Common defenses include:
- Lack of Intent: Embezzlement requires intent to permanently deprive the owner. If this intent is absent, the charges may not hold.
- No Fraudulent Conduct: Demonstrating that the defendant did not act fraudulently or had legitimate reasons for their actions can be key.
- Insufficient Evidence: Challenging the evidence presented by the prosecution can weaken their case and potentially lead to reduced charges or dismissal.
Our attorneys at Martens Law Firm thoroughly evaluate all aspects of your case to identify and employ the best possible defense.
Why You Need an Experienced White-Collar Defense Lawyer
White-collar crimes like embezzlement are complex and require a deep understanding of California's legal system. Martens Law Firm has the experience needed to navigate these cases successfully, whether it involves negotiating with prosecutors for reduced charges or fighting in court to secure an acquittal.
Contact Us for Expert Defense Representation
If you or someone you know has been arrested for embezzlement in Visalia, Fresno, Bakersfield, or the surrounding areas, reach out to Martens Law Firm immediately. Time is critical in building a strong defense, so don't delay. Protect your rights by contacting a skilled embezzlement defense lawyer today.
Call Martens Law Firm at (559) 372-0942 or (661) 336-9335 for a consultation.
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