Embezzlement really has to do with somebody who sits in a position of trust in a business or a company or even a little mom-and-pop store and they use that position of trust to be able to take some merchandise, cash or whatever is of value related to that business, store or mom-and-pop shop. The reason that embezzlement is treated more harshly than a theft-related offense that would be carried out by a customer or somebody who is posing as a customer is because people who sit in positions of trust should be able to be trusted and are given a lot more access to information, property and goods. Obviously, we don’t want those people to abuse that position of power that they’re placed in.
We want people to be able to trust their employees and those who they work with, and therefore, the prosecutors and judges in these embezzlement cases are going to be much more harsh on somebody who sits in a position of trust as an employee than somebody who doesn’t know anybody and is taking something.
Violation of a Position of Trust
Both situations are wrong, but the person who is embezzling money is going to be dealt with differently, in my experience in Los Angeles county criminal courts and the San Fernando Valley because of that position of trust that they sit in. Now, there are ways to turn the tide when it comes to these embezzlement cases — or even grand theft cases — in the various courthouses, and that is to be able to pay back whatever money or property is taken.
People need to realize that no matter how you slice it, if they get convicted of embezzling money from their employer, they’re going to be ordered to pay the money back. It doesn’t matter if they don’t have any money or not, but if you could get the money or you have the money and can pay it back, then when it comes time to resolve the case, the prosecutors and judges are going to 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 cold help them do that job, you’re going to be rewarded for it.
You Will Be Ordered To Pay Back Money
If you just simply take money, never intending to pay it back, you get caught, you get convicted and you can’t pay it back, you’re still going to 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 most harsh punishments that the prosecutors in a criminal case can let out, and therefore, if you’re not giving them what they want and you’re living a victim in an embezzlement case short money or goods and they have to suffer because of it — because you were in a position of trust and took advantage of that, then obviously the prosecutors and judges are going to bear that in mind and punish you accordingly.
So, when it comes to an embezzlement case versus a theft crime case, both are bad, both are treated harshly, but as you can see from the various propositions that have been passed throughout the State of California, they’ve really taken a big emphasis off theft and more on violent crimes as far as putting people in prison or putting people in jail. So, there’s a lot of different programs that are available.
There’s a totally different psychology and way of thought when it comes to theft crime cases than there once was because of the public outcry that too any people were going to jail and prison behind theft-related offenses, and therefore, they have really backed-off on the harshness related to the punishment for these theft-related offenses.
On the flip side, the prosecutors and judges are still are very tough on embezzlement cases because of that position of trust that the person sat in and because they feel like these type of offenses are much more serious than a general theft-related offense. So, if you’ve got an embezzlement case in LA County, pick up the phone. Make the call. Let’s sit down. Let’s figure out what the best strategy is based on the facts and circumstances surrounding your case so we can do damage control and get you the best result. We specialize in defending clients in all San Fernando Valley Courthouses, including Van Nuys Superior Court, San Fernando Superior Court, and the Burbank Courthouse.
Hedding Law Firm
16000 Ventura Blvd #1208
Encino, CA 91436
Categorised in: Theft Crimes