Showing Something of Value was Taken From Employer
I've handled a lot of embezzlement-related offenses in Los Angeles Courts. They're going to have to prove that the person being targeted, investigated, or arrested stole money from an employer.
Embezzlement under California Penal Code 503 has to do with somebody in a position of trust, like a manager for a business. Then that person ends up either diverting funds their way. It also includes stealing funds, giving funds to somebody else, giving property to somebody else, having property sent to their location — it depends on what the scenario is.
The typical way to prove these cases is, first, that the person took something of value from their employer. Second, there's an employer/employee relationship there. Usually, they're not going to prosecute somebody for embezzlement unless it involves a decent amount of funds or goods that are being stolen.
So, it's pretty simple to prove these cases if the police and prosecutors have the evidence. Sometimes there are computer crimes. Sometimes I've had clients who work for different businesses like USPS or other big entities.
I've had people who embezzled money who work for a mortuary. I've had low-level employees do it. I've had higher-level managers involved in embezzlement. I've also seen embezzlement cases not just prosecuted at the state level in one of the San Fernando Valley or Los Angeles courts but also at the federal level.
Suppose the theft is significant enough and there's enough money involved, and it involves a high-enough level of sophistication. In that case, there's a strong likelihood that the federal government will pick the case up.
Penalties for Penal Code 503 PC Embezzlement
So, they present the evidence that the person took the goods or funds, and then they show the person worked for a particular entity, and that's really how they prove an embezzlement case. I think there's a lot more concern when it comes to embezzlement cases because you could be sent into custody for a significant period depending on how much value the property was that you allegedly embezzled.
One big way that I've seen people avoid jail time/custody time is to pay back the value of the goods or money taken, especially if we can pay the cash back upfront. That puts us in a pretty strong position to negotiate a favorable resolution in an embezzlement case.
The reason is that one of the prosecutors' primary jobs in these embezzlement-related offenses is to make the alleged victim whole — in other words, get them back their property/money, whatever the case may be. If they can do that, and the quicker they can do that, the better.
Experienced Embezzlement Defense Lawyer
So, if you have an embezzlement case in Los Angeles or the San Fernando Valley, Los Angeles, whether it's at the state or federal level, I've handled thousands of these cases over the many years that I've practiced criminal defense.
I have a pretty good strategy and a good idea of precisely the best way to handle these cases. One of the first things we need to do is figure out if it's the type of case that needs to be defended where we fight the case and try to show that we are innocent.
We need to decide whether it's a case where the prosecutors have the evidence they need and will be able to prove the case against you. So, our best strategy is to try to mitigate the situation, get character letters, figure out how we can get your business paid back the money that was taken, even if we have to get you some time to get that money.
We need to get it paid back if we want to end up with the best possible resolution related to your embezzlement case. I would suggest picking up the phone, making a call, and we can meet and over everything and figure out the best strategy to get you the best resolution for your embezzlement case. Hedding Law Firm is a Los Angeles criminal defense law firm, and we offer a free case consultation at (213) 542-0940 or by filling out our contact form.