For over 20 years, Kern Law, APC, has successfully defended clients accused of Embezzlement charges in San Diego. Embezzlement is defined as the fraudulent appropriation of property by a person to whom it has been intrusted, California Penal Code Section 503. The San Diego District Attorney’s Office investigates and prosecutes Embezzlement charges very seriously.
To prove that someone is guilty of Embezzlement, the District Attorney must prove:
- 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 fraudulently converted or used that property for His or her own benefit; and
- When the defendant converted or used the property, he or she intended to deprive the owner of its use
Fraudulently:
A person acts fraudulently when he or she takes undue advantage of another person or causes a loss to that person by breaching a duty, trust, or confidence.
Defenses:
An experienced criminal defense attorney is critical when accused of Embezzlement. For example, there may have been an illegal search and seizure, statements were made in violation of your Miranda Rights, or there was no intent to defraud. There may be many more defenses applicable to your case that an experienced criminal defense attorney will identify.
If you have been arrested or are under investigation for Embezzlement in San Diego, or the surrounding cities, contact Kern Law, APC today.