Embezzlement Laws – Penal Code 503 PC
Many people are being charged with embezzlement in Los Angeles County and the San Fernando Valley, and I don't think they realize the potential ramifications they face. The difference between embezzlement and just regular theft is the person who is supposedly embezzling sits in a position of trust. That's what the prosecutors and judges look at when deciding what to do with that person.
In other words, they consider it more egregious that someone sits in a person of trust than someone who's just stealing another person's goods and doesn't know them at all.
When someone is given the power to access money or goods of value and is entrusted by their boss, corporation, or business, that person turns around and steals. That is very close to a situation where the prosecutors and judges believe that individuals deserve prison time.
So, often in these embezzlement cases, depending on whether the person has a criminal record or whether or not the individual has any prior theft-related offenses, that will dictate whether the prosecutors or judge might seek a prison sentence.
Our Los Angeles criminal defense attorneys will review the embezzlement laws more closely below.
California Penal Code 503 PC describes the white-collar crime of embezzlement as the “fraudulent appropriation of property by someone it has been entrusted to.” Most cases of embezzlement in California fall under the category of employee theft. For instance, when an employer permits an employee to hold or manage their property or money, they violate their trust by taking it for their benefit.
Embezzlement cases are common white-collar crimes that are often highly complex Ponzi schemes designed to defraud victims of their money. Embezzlement is a fraudulent act when somebody, usually a company employee, who was trusted, takes advantage of the employer who trusted them, resulting in a loss.
The fraud that Penal Code 503 requires as an element of the crime lies with a defendant misappropriating the property when the owner assumes they are a trustworthy custodian. Embezzlement is often associated with professionals, such as bookkeepers, financial advisors, and wholly trusted accountants.
What Factors Must Be Proven?
To convict a defendant, a prosecutor must be able to prove all the elements of the crime within CALCRIM 1806 California Criminal Jury Instructions:
- The owner entrusted their property to the defendant,
- The owner did so because they trusted the defendant,
- The defendant fraudulently used the owner's property for themselves,
- The defendant had the intent to deprive the owner of its use.
Defendants charged with embezzlement could face either a misdemeanor or felony punishment, called a “wobbler,” depending on the value of the embezzled property. Penal Code 488 PC petty theft could be charged if the property value was under $950 and is a misdemeanor punished by up to six months in the county jail.
Penal Code 487 PC grand theft embezzlement distinguishes between the misdemeanor or felony forms of the embezzlement crime. Embezzlement of property over $950 could result in felony charges that carry a sentence of up to three years in state prison and payment of victim restitution. Penal Code 515 PC would elevate the embezzlement crime to an aggravated crime if the victim were elderly or a dependent.
Other California Embezzlement Statutes
California's Penal Code has numerous other specific forms of embezzlement that apply to different people under various circumstances, such as:
- Penal Code 504 PC – embezzlement by public officials or corporate officers,
- Penal Code 504a PC- embezzlement of leased property,
- Penal Code 504b PC – embezzlement of secured property by the debtor,
- Penal Code 505 PC – embezzlement of transported property by carriers,
- Penal Code 506 PC – embezzlement of funds entrusted to trustees,
- Penal Code 506a PC – embezzlement of funds collected by people in collecting accounts for others.
Initial Defense Strategy Meeting
So, if you or a loved one is charged in the San Fernando Valley with embezzlement, you want to get an attorney like me who's been doing this for 30 years. One who's handled hundreds of embezzlement cases in Los Angeles and the San Fernando Valley courthouses like Van Nuys, San Fernando, and other courts like Glendale, Burbank, and Pasadena.
Malibu used to have its courthouse; now, those cases are divided between the Airport Court and the Van Nuys courthouse if a crime occurs in Malibu. So, what you need to do is pick up the phone. Set up a meeting with me. Let's sit down and talk about it. A lot of times, we can mitigate these embezzlement cases.
Fight Case vs. Plea Deal
When it comes to embezzlement cases under California Penal Code 503 PC, the alleged victim is usually a company, a business, specific boss who trusted an employee, and that employee broke that trust by embezzling money.
So, it shouldn't be surprising that the prosecutors and judges will be looking to punish the defendant in these types of cases. So, you have to get your strategy together.
The first thing you'll have to decide with the help of your attorney is whether we're going to fight the case or whether we're going to negotiate the issue and work out a plea deal.
If, on the other hand, we're going to negotiate the case, then most of the time, we're going to want to try to come up with the money that was allegedly embezzled away from the victim in the case – the company, the boss, whoever it is.
Making that victim whole and paying the money back goes a long way with the prosecutors toward resolving the case. They consider one of their primary jobs as someone trying to help an alleged victim get the money back for them. So, if we can help them get the money back, then we put ourselves in a solid position to try to do a lot of things:
- (1) avoid jail time;
- (2) stay out of jail or prison;
- (3) attempt to get a misdemeanor on the case.
Whether we get a misdemeanor from the beginning or whether we will earn a misdemeanor.
How Can I Fight PC 503 Embezzlement Charges?
Suppose you or your family can pay the people back, one big thing. That puts you in a much stronger position than somebody who cannot pay them back. In other words, the prosecutors and judges feel it is their responsibility to make the victim whole in an embezzlement case. If we can assist them in doing that, they take into consideration in trying to deal with you.
The types of things that I'm trying to get if someone is charged with embezzlement are a dismissal if we can, but a lot of times, the police and prosecutors have done an excellent job, and they have the evidence against you. If that's the case, then we need to negotiate. We need to mitigate. We need to tell our story — not just the story about the issue, but also your story as a person.
We need to try to convince these guys to give you a chance, and the way that we do that is through mitigation and trying to figure out if it is possible to make the victim whole, how long it will take, what it will take. As your criminal defense attorney, these are the types of things that I am assessing.
We have you come in, and you sit down with me. I encourage you to be honest about your involvement so that we can figure out the best way to get you the result you need as it relates to your criminal case. My recommendation to you is to pick up the phone. Ask for a meeting with Ron Hedding in the privacy of my office.
We'll go over your case. If it's a loved one of yours, you can certainly come in on their behalf, and we can talk about the best course of action moving forward. Once we get that strategy together, you will feel like you're beginning to take control of your criminal case.
So, if you're looking for the best embezzlement defense attorney, you've come to the right place because I've handled hundreds of embezzlement cases over a 30-year career.
I know what it takes to get you the best result and what it takes to defend the case. If we have a good chance that is defensible, and that's what we're going to have to talk about from the beginning, once we make our final decision, as far as whether we're going to fight it or try to resolve it.
Suppose we do decide to try to resolve it. In that case, I'm going to put together a mitigation package for you to be presented to the prosecutors to try to convince them of whatever we're trying to get to resolve the case — whether that involves a misdemeanor, whether that consists of no jail time or prison time.
Factors that Determine Defense Strategy
Whatever we're angling towards, we first have to decide whether or not it makes sense:
- based on the circumstances of your case;
- based on your criminal record,
- based on the amount of loss there is,
- based on how you impacted the victim in the case, whatever it is you did.
There's a whole host of factors that we have to consider, and then we have to get a game plan together explicitly designed for you, your circumstances, your life, your career, and your future.
So, if you're looking for a great embezzlement attorney, known as one of the best in Los Angeles, one of the best in the San Fernando Valley, you've come to the right place. Pick up the phone now for a meeting with Ron Hedding. Take the first step towards protecting your future, record, freedom, and reputation. I stand ready to help you if you're charged with an embezzlement case in California.