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What is Embezzlement | Jake Brower, Attorney At Law |Criminal Lawyer | Criminal Defense |DUI Defense Attorney |Felony Arrests |3-Strike Cases |Santa Ana, Orange County, CA

Criminal Law

  • What is Embezzlement

    Posted Oct 10th, 2014 By in Criminal Law With | Comments Off on What is Embezzlement

    In California, embezzlement differs from larceny or theft because unlike the latter two, embezzlement means that there was an established relationship of trust between the victim and the accused. This relationship is commonly referred to as fiduciary and can include: trustees, public officers, agents and other similar positions. Like larceny and theft though, embezzlement is a property crime, which means that the accused has stolen something of monetary value from someone or some entity. To prove embezzlement it must be proven that the accused party had the intent to defraud and steal something from the victim.

    Embezzlement charges should be taken seriously, as they often are seen as a felony charge, depending on the amount stolen. Generally for funds that exceed $900, it is a felony charge. And if someone is accused of stealing from public funds, they can be barred from holding a public office ever again. For more information on embezzlement, here is an excerpt from the California penal code:

    Every person who, in another state or country steals or embezzles the property of another, or receives such property knowing it to have been stolen or embezzled, and brings the same into this state, may be convicted and punished in the same manner as if such larceny, or embezzlement, or receiving, had been committed in this state.

    Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.

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Jake Brower Criminal Defense Attorney, DUI Lawyer, Felony Arrests, 3-Strike Cases, Criminal Law, Drunk Driving Lawyer, Los Angeles, Orange, Anaheim, Corona del Mar, Costa Mesa, Irvine, Huntington Beach, Long Beach, Mission Viejo, Aliso Viejo, Lake Forest, Rancho Santa Margarita,Santa Ana, Newport Beach, Newport Coast, Laguna Beach, Laguna Niguel, Riverside, San Diego, Ventura, Beverly Hills, Hollywood,Oceanside, San Clemente, Carlsbad, Dana Point, Seal Beach, Long Beach, 1043 Civic Center Drive West, #200, Santa Ana CA 92703