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Santa Rosa Embezzlement
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Embezzlement Defense Attorney in Santa Rosa, CA
Experienced Legal Representation for Embezzlement Charges
If you are facing embezzlement charges in Santa Rosa, securing experienced legal representation is crucial. At Wilber Law Offices, P.C., our dedicated team understands the complexities of embezzlement cases and is committed to providing a strong defense. We have successfully defended individuals accused of white-collar crimes and will work tirelessly to protect your rights and future.
To schedule a consultation, call F:P:Sub:Phone} or contact us online today.
What is Embezzlement?
Embezzlement is a type of theft crime that involves unlawfully taking money or property that has been entrusted to you, typically in a workplace or fiduciary setting. Unlike robbery or burglary, embezzlement occurs when someone who has legal access to assets misappropriates them for personal gain. This crime often arises in employment settings where an individual is responsible for handling company funds or property.
To prove embezzlement, the prosecution must establish:
- A fiduciary relationship between the accused and the victim
- The accused had lawful access to the property
- The accused intentionally misappropriated or converted the property for personal use
- The act was done with fraudulent intent
Examples of Embezzlement
Embezzlement can take many forms, including:
- Employee Theft: A cashier pocketing money from the register or an accountant diverting company funds into a personal account.
- Corporate Fraud: Executives manipulating company accounts for financial gain.
- Misuse of Trust Funds: A trustee using trust assets for personal expenses instead of the intended beneficiary.
- Insurance Fraud: An employee filing false insurance claims and keeping the payouts.
- Billing Fraud: Overcharging customers or creating fake invoices to siphon money.
No matter the specific allegations, our legal team at Wilber Law Offices, P.C. will investigate the circumstances of your case to develop a strategic defense.
California Embezzlement Laws & Penalties
In California, embezzlement is prosecuted under Penal Code 503 PC and is considered a form of theft. The severity of the penalties depends on the value of the stolen property and whether it is classified as petty theft or grand theft:
- Petty Theft Embezzlement (Value under $950): Typically charged as a misdemeanor, punishable by up to 6 months in county jail and a fine up to $1,000.
- Grand Theft Embezzlement (Value over $950): Can be charged as a misdemeanor or felony. A misdemeanor conviction carries up to 1 year in jail, while a felony conviction can result in 16 months, 2 years, or 3 years in state prison.
Additional penalties can include restitution to the victim, probation, loss of professional licenses, and a permanent criminal record, which can severely impact future employment opportunities.
Is Embezzlement a Federal Offense?
While embezzlement is primarily prosecuted at the state level, certain cases may fall under federal jurisdiction. Federal embezzlement charges arise when:
- The alleged crime involves federal funds or property.
- The accused is a government employee or contractor.
- The offense affects interstate commerce or financial institutions.
Federal embezzlement penalties are often more severe, including substantial fines and lengthy prison sentences. If you are facing federal embezzlement charges, our firm has the experience and resources to handle complex federal cases and will aggressively defend your rights.
Legal Defenses Against Embezzlement Charges
At Wilber Law Offices, P.C., we explore all possible defense strategies to challenge embezzlement allegations. Common defenses include:
- Lack of Intent: If you mistakenly handled funds or property without fraudulent intent, you may not be guilty of embezzlement.
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that you intentionally misappropriated funds.
- Consent: If you had authorization to use the funds or property in question, embezzlement charges may not apply.
- Duress or Coercion: If you were forced to commit the alleged act under threats or pressure, this can serve as a defense.
- False Accusations: Workplace disputes or misunderstandings can sometimes lead to wrongful accusations.
How Wilber Law Offices, P.C. Can Help
If you are accused of embezzlement, you need a skilled Santa Rosa embezzlement defense lawyer to protect your future. At Wilber Law Offices, P.C., we provide:
- Thorough case evaluation and legal advice
- Aggressive negotiation to reduce or dismiss charges
- Courtroom representation for trials and hearings
- Strong defense strategies tailored to your case
We understand how stressful these charges can be and are committed to guiding you through every step of the legal process with expertise and dedication.
Contact us today at F:P:Sub:Phone} to speak with our legal team.
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Case DismissedCase dismissed on eve of trial.
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Case DismissedCase dismissed after filing, and before hearing on a motion to suppress evidence.
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