Encinitas Embezzlement Defense Attorney
Are you being accused of committing embezzlement? Be informed about the laws involving Encinitas embezzlement to defend yourself from the prosecution.
Simply, embezzlement takes place when a person who lawfully holds the property of another either refuses to give it back or use it for other purposes without the consent of the owner. It is the retention of property that was solely entrusted to him, not given.
If you are charged with embezzlement under property crime in California, talk to a defense attorney and seek help on how to cancel these charges.
Call Lee Law Group at (619) 349-1588 to get a free consultation.
As mentioned, a person has committed property crime if he embezzles money or property from someone who entrusted him with it. Embezzling is the conversion or taking of another’s property to use it for their personal interests, without any intention to give it back.
The taking of property must be proved in court after demonstrating the defendant’s serious intent to commit theft or larceny and deprive the owner of his belongings. The acts of embezzlement relative to the property or funds that are pertained to by the law may include the following:
- Taking it for your own use;
- Giving them to someone else who unlawfully uses it;
- Making money out of it;
- Inflicting loss or damage;
- Depriving the owner of it.
If someone files embezzlement complaint against you, you have probably done one of the enumerated deeds. Even though the defendant makes slight damage, slight modification, or slight distance, he can still be charged with it.
Elements of Embezzlement
In Encinitas, CA, here are the elements that they look for before constituting the crime of embezzlement.
- An alliance or fiduciary relationship must exist between the two parties prior to the embezzlement issue;
- The defendant must have possessed the property due to their friendly relationship in the past;
- The defendant must have taken the property for his personal purposes and use or sold and transferred it to someone else;
- There must be an intention in all the actions of the defendant.
Defenses to Embezzlement Charges
To counteract the embezzlement charges, you need to come up with the best possible defenses that will work for your case. You will figure this out with the help of your defense lawyer. But to give you an idea, here are some defenses against embezzlement:
Claim of authority
The defendant can provide evidence to the court, demonstrating that during the extent of duties, the property was lawfully possessed with the assistance of a power-of-attorney or through a separate agreement that necessitated the acts of a trusted agent.
In some states, the demand for the return of property is essentially required. It is a written request containing the request for return. If there is no demand sent to the defendant, then he can use it as a defense of the owner’s negligence.
Claim of good faith
A good faith belief of title can be stated by the defendant if the owner willingly entrusted the property to him unless otherwise, he took the property to compensate any debt owed to him.
Penalties and Punishments for Embezzlement
Embezzlement can be considered a misdemeanor or a felony, depending on the amount that is equivalent to the acquired property.
For theft of property that is valued below $950, the penalty is a fine of $1,000 or imprisonment in a county jail for up to six (6) months. For theft of property that is valued above $950, the crime equates to grand theft. Grand theft is prosecuted as a felony crime. This means a felony conviction will be carried out. A felony crime is punishable by imprisonment in state jail for six (6) months up to three (3) years. A penalty of $10,000 will also be charged to the convicted.
Call a Defense Attorney Now
Embezzlement is a property crime. Without the legal assistance of a Encinitas defense lawyer, you won’t be able to face the charges of embezzlement. You need to be informed, guided, and represented, especially in court. Legal matters are complex that the help of a defense attorney is necessary. Lee Law Group has a group of legal experts who will give you the best legal advice that you need to fight during this trying time. Don’t hesitate to call for aid.
Call Lee Law Group at (619) 349-1588 and book a free consultation with our embezzlement defense attorney now!