Embezzlement | Burden of Proof
The Burden Of Proof In California Embezzlement Cases
A serious crime in California, embezzlement results in heavy punishments and possible jail time. Such charges also can make it very difficult to obtain and keep a job for the rest of your career.
If you are charged with embezzlement in California, you should keep in mind that your situation is not hopeless. With the help of an experienced Torrance criminal defense attorney, you may be able to successfully fight the charges. However, you must start immediately.
Treated as a form of theft in California, embezzlement refers to a situation in which someone trusted with funds starts using this money for personal reasons. This usually occurs in the context of an employee stealing from a company, but many cases involve business partnerships, government bodies, and more.
California embezzlement charges can arise when someone takes money from a cash register or writes fraudulent checks from a large company account. Due to the varying nature of the severity of crimes, embezzlement can be charged as a misdemeanor or felony.
There is a high burden of proof that must follow California embezzlement charges. For a guilty verdict, the prosecution has to prove that you had a relationship of trust with someone and that this person (or company) explicitly trusted you with certain funds.
Lastly, the prosecution must prove that you knowingly took property from this person or company, purposely betraying the trust between you. Even if you returned the money later, the prosecution must prove that you intended to keep it even for a short time.
As you can imagine, a skilled criminal defense attorney will likely be able to shed a reasonable amount of doubt on one or more of these facts. This may lead to an acquittal of charges or a reduced punishment if you are found guilty.
If you or a loved one has been charged with embezzlement in California or fear a pending charge, you do not have any time to waste. Contact Ernenwein & Mathes, LLP, today at 424-552-3901 for a free case review.