California Penal Code 503 PC embezzlement involves an individual who occupies a position of trust in a business, company, or even a small, family-owned store. They use that position of faith to take some merchandise, cash, or whatever is of value related to that business, store, or mom-and-pop shop.
Embezzlement is treated more harshly than a theft-related offense carried out by a customer or someone posing as a customer, because individuals in positions of trust are expected to be trustworthy and are granted greater access to information, property, and goods. We don't want those individuals to abuse the position of power they're given.
We want people to trust their employees and those they work with. Therefore, prosecutors and judges in these embezzlement cases will be much harsher on someone who holds a position of trust as an employee than on someone who is unfamiliar and is taking something.
Both situations are wrong, but in my experience in Los Angeles County criminal courts and the San Fernando Valley, individuals who embezzle money are typically dealt with differently due to their position of trust. Now, there are ways to turn the tide when it comes to embezzlement cases—or even grand theft cases—in various courthouses, and that is to be able to repay whatever money or property is taken.
People need to realize that no matter how you slice it, they will be ordered to pay it back if they get convicted of embezzling money from their employer. It doesn't matter if they don't have any money or not. Still, suppose you could obtain the money or already have it, and pay it back. When it comes time to resolve the case, the prosecutors and judges will be much more accepting of your reasoning behind why you did what you did than if you just spent all the money and have no money.
The reason for that is, number one, you're making good on something that you did wrong, and number two, and probably more important to the prosecutor and judge in a criminal case, is that you're making the victim whole. In other words, you're getting them back to where they were before the money was taken. This is one of the primary jobs of the prosecutor and judge in a criminal case. So, if you could help them do that job, you would be rewarded for it.
You Will Be Ordered To Pay Back the Money
If you simply take money, never intending to pay it back, get caught, get convicted, and are unable to pay it back, you will still be ordered to pay it back. But, instead of getting a more lenient sentence in your case, you're going to be looking at jail or prison time as your punishment because these are the harshest punishments that the prosecutors in a criminal case can impose.
Therefore, if you're not giving them what they want and you're living a victim's life in an embezzlement case, or dealing with fast money or goods, They have to suffer because of it, as you were in a position of trust and took advantage of that. Consequently, the prosecutors and judges are likely to bear that in mind and punish you accordingly.
So, when it comes to an embezzlement case versus a theft crime case, both are considered serious offenses, and both are treated harshly. However, as you can see from the various propositions that have been passed throughout the State of California, they've placed a lot of emphasis on theft and more on violent crimes, such as putting people in prison or jail. There are many different programs available.
There is a different psychology and way of thinking regarding theft crime cases than there once was, due to the public outcry that too many people were being sent to jail and prison for theft-related offenses. Therefore, they have backed off on the harshness of the punishment for these theft-related offenses.
On the other hand, prosecutors and judges remain particularly stringent in embezzlement cases due to the position of trust held by the individual and because they perceive these offenses as more severe than general theft-related offenses. So, if you've got an embezzlement case in LA County, pick up the phone. Make the call. Let's sit down.
Let's devise the best strategy based on the facts and circumstances surrounding your case, so we can prevent damage and achieve the best possible result. We specialize in defending clients in all Los Angeles County Courthouses, including Van Nuys Superior Court and the Burbank Courthouse.
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