Accused of Embezzlement in the Inland Empire?

Many embezzlement cases start with an audit or an employer investigation, not an arrest. A detective may contact you for your side of the story, or the prosecutor may file charges first and you learn about them through a warrant or a court notice. If you are arrested, you are booked and held until you post bail or see a judge. If you stay in custody, you must be brought to court for arraignment, usually within 48 hours, not counting Sundays and holidays. At arraignment, the judge reads the charges, takes your plea and rules on bail or release. The sooner we’re involved, the sooner we can start working on your case.

Embezzlement (PC 503) is fraudulently taking or using property that was entrusted to you. Unlike most thefts, you had lawful access to the money or property at first; the crime is using it for a purpose the owner did not allow. The law covers public officials and the officers, directors and employees of corporations and other organizations (PC 504); trustees, agents, attorneys, executors, collectors and contractors (PC 506); tenants and others holding property for someone else, or under a power of attorney (PC 507); and any clerk, agent or employee (PC 508).

Embezzlement from a bank, a credit union, the federal government or an organization that receives federal funds can also be charged as a federal crime.

It depends on the amount. Embezzlement is punished the same as theft of property of the same value (PC 514). At $950 or less, it is petty theft, usually a misdemeanor with up to six months in jail and a fine of up to $1,000 (PC 488, 490, 490.2). Over $950, it is grand theft (PC 487), which can be filed as a misdemeanor or a felony.

Smaller amounts can add up. Amounts an employee takes from an employer within any 12 consecutive months can be added together to reach grand theft (PC 487(b)(3)), and under Proposition 36, passed in 2024, separate thefts can be combined into one charge (PC 490.3). Embezzling public funds can mean state prison (PC 514).

Not necessarily, but the risk grows with the amount. Misdemeanor grand theft carries up to a year in county jail. Felony grand theft carries 16 months, two or three years, usually served in county jail (PC 489, 1170(h)). Many first-time cases with smaller losses are resolved with probation and repayment. For thefts over $100,000, probation is allowed only in unusual cases (PC 1203.045). Losses over $50,000 can add one or more years (PC 12022.6), and a pattern of related fraud or embezzlement felonies taking more than $100,000 can add up to five more years in state prison (PC 186.11). Whatever the sentence, the court must order full restitution of the victim’s losses (PC 1202.4).

It can. Embezzlement is a crime of dishonesty, which matters to employers and licensing boards. A board can suspend or revoke a professional license for a conviction that is substantially related to the work (Business and Professions Code 490). A conviction for embezzling public funds also bars you from holding public office in California (PC 514).

For non-citizens, a theft conviction with a sentence of one year or more, even if the sentence is suspended, or a conviction involving fraud with losses over $10,000, can be treated as an aggravated felony under immigration law. Talk to us before entering any plea.

No. Intending to return the property is not a defense (PC 512), and paying it back does not undo the crime. If you voluntarily return, or offer to return, the property before charges are filed, the judge may consider that and lower the punishment, but it is still not a defense (PC 513). It is a defense if you took the property openly, under a good faith claim that it belonged to you, even if the claim turns out to be wrong (PC 511). Keeping an employer’s money to cover wages or other debts you believe you are owed does not count.

Often longer than people expect. For felony embezzlement and other thefts involving fraud or a breach of trust, charges generally must be filed within four years after the crime was discovered, or four years after it was completed, whichever is later (PC 801.5, 803(c)). Because the clock can start at discovery, charges may come years after the money went missing. Misdemeanor charges, such as petty theft, generally must be filed within one year (PC 802). Time you spend outside California can extend these deadlines by up to three years (PC 803(d)).

Not before you talk to a lawyer. Employers, HR staff, auditors and private investigators don’t have to read you your rights, and what you say or sign, including a written statement or an agreement to repay, can be handed to police and used as evidence. Repaying the money, or promising to, does not by itself stop a criminal case: the prosecutor, not the employer, decides whether to file charges.

Your employer can also sue you, and in some cases ask for up to three times its losses (PC 496(c)). What you say in a civil case can be used in the criminal one. If police contact you, politely decline to answer questions and ask for a lawyer.

It depends on the evidence. Common defenses include:

• You had permission or authority to use the money or property the way you did
• You took it openly, in good faith, believing it was yours (PC 511)
• There was no fraudulent intent, such as an honest accounting or bookkeeping error
• Someone else with access to the same accounts or property was responsible
• The loss is overstated, which can change grand theft to petty theft
• The charges were filed too late
• Insufficient evidence to prove the charge beyond a reasonable doubt

We review the audit, bank and accounting records, emails and texts, company policies, surveillance video and witness statements to find the weaknesses in the case.

Often, yes. Depending on the evidence, charges may be dismissed, never filed, or reduced to a lesser charge or a lower amount. A felony grand theft can often be reduced to a misdemeanor (PC 17(b)). Some misdemeanor cases may be eligible for diversion, which ends in dismissal (PC 1001.95), or for a civil compromise, where the judge may end the case after the victim tells the court it has been paid back (PC 1377, 1378). Repaying the loss early can often help in negotiations, even though it is not a defense. If you are convicted and complete probation, you may be able to have the conviction dismissed under PC 1203.4.