Torrance Embezzlement Lawyer

We Are Proactive And Effective Embezzlement Defense Lawyers In Torrance And All South Bay Cities

Embezzlement, which generally falls under the purview of theft under Penal Code 484, is a dangerous crime with which to be charged. It can carry lengthy incarceration in county jail or state prison and carry heavy civil penalties. Because it carries the stigma of betrayal and dishonesty, an embezzlement conviction can threaten your ability to keep or secure employment or business or professional licensing. And if you are not a US citizen, you can be deported if convicted of this crime.

But there is hope.

We have more than 60 combined years of experience defending persons accused of vandalism. Our skill and capabilities are unmatched, and our extensive experience and knowledge give us the tools needed to successfully challenge embezzlement charges.

What does the prosecutor have to prove to show that I am guilty of embezzlement?

First, the prosecutor must show that you had a relationship of trust with the victim. Usually, this arises out of some relationship, employer-employee being the most common. However, it can also arise out of some other business or financial relationship, such as a partnership or other fiduciary obligation.

Second, the prosecution must show that the victim entrusted you with certain property. For example, if you worked for the victim, you were probably entrusted with money, supplies, or other assets or goods, as part of your job.

Third, the prosecutor must prove that you had the specific intent to deprive the victim of the property. Even if you ended up returning the property, the prosecutor will be able to prove this element if (s)he can show that you intended to keep the property (temporarily or permanently) at the time of the taking.

What can a lawyer do to defend me against charges of embezzlement?

As South Bay criminal defense lawyers, we will scrutinize all police reports, witness statements and discovery that the prosecutor has compiled in your case. Our team can contact the investigating officer and, if needed, employ the use of our defense investigator to interview witnesses.

We will look for any evidence negating the elements of the offense. One defense is that you did not take the property with the intent to misappropriate the funds, or that you had the authority (victim’s consent) to dispense with the funds or property in a way that gave the appearance of impropriety (where none existed). Our South Bay criminal defense lawyers can also argue that you did not have the intent to deprive the victim of the property and that you used it in an appropriate fashion.

We can argue that you believed you had a claim of right over the property. If, for example, your employer entrusted you with money that you believed you could use to cover certain work-related expenses, we can argue that you had a good faith belief that you were entitled to do this, even if your employer did not specifically authorize you to make such an expense.

We have also been able to resolve many of these cases informally through what is known as a “Civil Compromise.” Our South Bay criminal defense lawyers will contact the victim and work out an arrangement whereby restitution can be paid directly to the victim to satisfy the claim. Through negotiation with the prosecutor, the embezzlement count can be dismissed in recognition that the victim was compensated.

There is a host of issues we can evaluate based on our analysis of the police reports, witness statements and other evidence on file. Based on our findings, we may be able to successfully thwart a criminal prosecution in court or otherwise weaken the case against you.

What are some of the acts that can result in embezzlement charges?

Here are some examples:

• Writing checks from your employer to yourself or your acquaintance
• Taking any form of cash from your employer
• Using your employer’s property or permitting your employer’s property to be utilized for another purpose besides the one that he or she entrusted to you
• Hiding your employer’s assets with the intent of defrauding your employer

Embezzlement Charges

A serious charge in California, embezzlement can be prosecuted as either a misdemeanor or a felony. If you or a loved one has been charged with embezzlement in California, it is important that you understand the basic principles behind and possible punishments for the accusations.

California criminal code defines embezzlement as “the fraudulent appropriation of property by a person to whom it has been entrusted.” In other words, embezzlement involves money put in your trust legally that you steal illegally.

The money involved in California embezzlement cases can come from many different sources. It may originate in a cash register you are in charge of using or a large corporate account to which you have access. Because they are complicated, these cases often result in false accusations.

The penalties for embezzlement charges can vary greatly. Embezzlement can be prosecuted as a misdemeanor or a felony, depending on the amount of money involved as well as your previous criminal record. If the embezzled money was the property of the state or county government, then the crime is always a felony.

Are There Any Defenses To Embezzlement Charges?

To fight an embezzlement charge, a number of defense tactics can be used. As South Bay criminal defense lawyers, we will scrutinize all police reports, witness statements and discovery that the prosecutor has compiled in your case. Our team can contact the investigating officer and, if needed, employ the use of our defense investigator to interview witnesses.

We will look for any evidence negating the elements of the offense. One defense is that you did not take the property with the intent to misappropriate the funds, or that you had the authority (victim’s consent) to dispense with the funds or property in a way that gave the appearance of impropriety (where none existed). Our South Bay criminal defense lawyers can also argue that you did not have the intent to deprive the victim of the property and that you used it in an appropriate fashion.

We can argue that you believed you had a claim of right over the property. If, for example, your employer entrusted you with money that you believed you could use to cover certain work-related expenses, we can argue that you had a good faith belief that you were entitled to do this, even if your employer did not specifically authorize you to make such an expense.

If there is insufficient evidence to support the charge(s) against you, the entire case can be dismissed. As many embezzlement case charges are dropped due to insufficient evidence, this defense is definitely a valid one.

If you embezzled money from a company under duress — for instance, you believed that you would lose your job if you did not participate in the embezzlement activities — this defense is appropriate. If, however, the money was embezzled due to family hardships or to finance an addiction, this defense is not appropriate.

We have also been able to resolve many of these cases informally through what is known as a civil compromise. Our South Bay criminal defense lawyers will contact the victim and work out an arrangement whereby restitution can be paid directly to the victim to satisfy the claim. Through negotiation with the prosecutor, the embezzlement count can be dismissed in recognition that the victim was compensated.

Further, if you are guilty of embezzlement, there is also the possibility that a plea deal can be worked out. For instance, if you were to agree to give the money back to your employer or another person, the embezzlement charges against you could be reduced or even dropped altogether.

There are a host of issues we can evaluate based on our analysis of the police reports, witness statements and other evidence on file. Based on our findings, we may be able to successfully thwart a criminal prosecution in court or otherwise weaken the case against you.

If you or a loved one has been charged with embezzlement in California, you need to take the charges seriously. If you have been wrongly accused, a Torrance criminal defense attorney may be able to earn you an acquittal. If you are guilty, then you may be able to work out a plea deal that reduces or even eliminates the charges against you.

CallErnenwein & Mathes, LLP, today for quality legal representation against frivolous California embezzlement charges. Our aggressive and experienced lawyers will work for you, helping to eliminate charges, reduce your sentence and advise you on how to clear your criminal record.

Charged With Embezzlement in Torrance, CA?

According to Robert Ernenwein, a Torrance criminal defense attorney from Ernenwein & Mathes, LLP, the first quarter of 2011 resulted in a number of new California-based embezzlement charges. In California, embezzlement is a white collar crime and can result in either misdemeanor or felony charges, depending on the offense.

Some of the acts that can result in embezzlement charges include:

• Writing checks from your employer to yourself or your acquaintance;
• Taking any form of cash from your employer;
• Using your employer’s property or permitting your employer’s property to be utilized for another purpose besides the one that he or she entrusted to you;
• Hiding your employer’s assets with the intent of defrauding your employer.

Embezzlement Defense Examples

To fight an embezzlement charge, a number of defense tactics can be used.

• For instance, there’s the possibility that someone else is responsible for the embezzlement and set it up so that you look like the perpetrator. As such, the prosecutor of your case must prove beyond a reasonable doubt that someone else did not commit this crime under your good name.
• If there is insufficient evidence to support the charge(s) against you, the entire case can be dismissed. As many embezzlement case charges are dropped due to insufficient evidence, this defense is definitely a valid one.
• If you embezzled money from a company under duress – for instance, you believed that you would lose your job if you did not participate in the embezzlement activities – this defense is appropriate. If, however, the money was embezzled due to family hardships or to finance an addiction, this defense is not appropriate.

Further, if you are guilty of embezzlement, there is also the possibility that a plea deal can be worked out. For instance, if you were to agree to give the money back to your employer or another person, the embezzlement charges against you could be reduced or even dropped altogether.

Have you or someone you know been arrested for embezzlement? Contact Ernenwein & Mathes, LLP, to obtain a completely free consultation with one of our experienced Torrance criminal defense attorneys.

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 310-375-5858 for a free case review.

Contact Ernenwein & Mathes, LLP, Now

We are knowledgeable and experienced Torrance criminal defense lawyers, and we will use any and all available defenses to protect you against a conviction. We have over 60 combined years of experience defending persons accused of embezzlement and other crimes.

Robert Ernenwein is a former Los Angeles deputy district attorney, so we know how the prosecution operates. He is also certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization, has been selected for inclusion in California Super Lawyers for several years and has appeared as a legal analyst on multiple cable news programs, including Fox News.

The experience and capabilities that Ernenwein & Mathes, LLP, attorneys will bring to your embezzlement defense are unmatched.

If you are charged with embezzlement, call us at 310-375-5858 or e-mail us immediately for a free consultation. Our office is conveniently located minutes away from the Torrance Courthouse, and we represent clients there on a daily basis, as well as in other courts throughout Southern California.