Embezzlement in California, PC 503, PC 514
California Penal Code Section 503 defines Embezzlement as the fraudulent appropriation of property by a person to whom it has been entrusted. Embezzlement is a very common white collar crime that involves someone in a position of trust, who has the right to access the property, and has later converted it to his or her own use. PC 504, PC 504(a), PC 504(b), PC 505, PC 506, PC 506(a), PC 506(b), PC 507, and PC 508 are the statutes that cover Embezzlement. Embezzlement is a very serious charge because the punishment could lead to state prison.
If someone is charged with Embezzlement, the District Attorney must prove the following:
- An owner or the owner's agent entrusted his or her property to the defendant;
- The owner or owner's agent did so because he or she trusted the defendant;
- The defendant converted or used that property for his or her own benefit; and
- When the defendant converted the property, he or she intended to deprive the owner of it permanently or to remove it from the owner's or owner's agent's possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property.
Enhancements under Penal Code Section 186.11
If the amount of the property embezzled is over $100,000, and the person has committed two or more related felonies, which embezzlement or fraud is a material element, the additional punishment will be one or two years in prison. If the amount embezzled exceeds $500,000 an additional punishment will be two, three, or five years in state prison.
There are numerous defenses that may be available to an Embezzlement charge. If you or someone you know has been charged with Embezzlement, contact Kern Law, APC today. I will provide a free, confidential consultation .