San Jose Embezzlement Lawyer

If you're facing embezzlement charges in San Jose, you need an attorney who understands the situation's gravity and the law's complexity. Embezzlement, a form of theft where someone wrongfully takes property they were trusted with, can lead to severe consequences.

At Summit Defense, our embezzlement lawyers are ready to defend your rights and reputation. With years of experience in criminal law, we have the knowledge and determination to challenge the charges against you.

Finding the right legal representation is crucial when dealing with embezzlement charges. Our law firm specializes in criminal defense, offering expert guidance through every step of the legal process. We provide a free consultation to discuss your case, understand your circumstances, and plan a strong defense strategy. Trust our legal team at Summit Defense to navigate the complexities of criminal charges with precision and care.

Let Our San Jose Embezzlement Lawyer Fight for You

Facing embezzlement charges can be overwhelming, but you don't have to go through it alone. Our San Jose embezzlement lawyers have a proven track record of defending against theft crimes in a federal court. We understand the intricacies of criminal law and will work tirelessly to protect your future. By choosing Summit Defense, you're securing a passionate attorney who will fight for the best possible outcome.

We believe in a personalized approach to each criminal case, considering the unique facts and circumstances. Our law firm is committed to exploring every avenue of defense, from examining the evidence against you to challenging the prosecution's arguments. We aim to ensure that your story is heard and respected. Let us stand by your side and defend your rights in the face of criminal charges.

Overview of Embezzlement Laws in California

Embezzlement is a serious criminal offense under California law. It is defined as the fraudulent appropriation of property by someone to whom it was entrusted. The law treats embezzlement as theft, subjecting it to similar penalties and legal scrutiny. Depending on the property's value, embezzlement can be charged as either petty theft or grand theft. This distinction is crucial in determining the severity of the potential penalties.

The California Penal Code section 503 provides the legal framework for embezzlement charges. Cases involving property valued at $950 or less are typically considered petty theft, while those involving higher values are classified as grand theft. The specific circumstances of the theft, such as the amount stolen and the method of embezzlement, play a significant role in the legal process. Understanding these statutes is essential for mounting an effective defense.

Examples of Embezzlement To Know

• Misappropriation of funds. An employee diverts company money into their personal account. This betrayal of trust damages the company and violates California's theft laws.
• Unauthorized use of company property. Using company vehicles or equipment for personal gain without permission. This form of embezzlement not only breaks trust but can lead to serious legal repercussions.
• Falsifying expense reports. Claiming personal expenses as business ones to receive reimbursement. Such actions are fraudulent and can result in criminal charges.
• Stealing intellectual property. Taking proprietary information without consent. This theft harms the company's competitive edge and is a criminal offense.
• Unauthorized vendor payments. Creating fake vendor accounts to route payments to oneself is a sophisticated form of theft that is punishable under the law.

What Are the Penalties for an Embezzlement Conviction in California?

Penalties for embezzlement in California vary widely based on the value of the stolen property and the defendant's criminal history. Petty theft embezzlement can result in fines, restitution, and up to six months in county jail. Grand theft embezzlement's consequences are more severe, potentially including years in state prison, larger fines, and longer probation periods.

If the property is worth $950 or less, the punishment is usually up to six months in jail. If the property is worth over $950, the crime can be charged as a misdemeanor or felony. A misdemeanor conviction could lead to up to one year of jail time, and a felony conviction could lead to up to three years in prison.

A conviction can also have lasting effects beyond the courtroom. It can tarnish your reputation, making it difficult to secure employment, especially in positions of trust. Our law firm understands these stakes and works diligently to mitigate the impact of an embezzlement charge. We strive not only to fight the immediate legal battle but also to protect your future.

Embezzlement Convictions Can Make It Harder To Find a Job

An embezzlement conviction on your record can significantly hinder your job prospects. Employers often conduct background checks and may hesitate to hire someone with a history of dishonesty. This challenge is particularly acute in industries that handle money or sensitive information.

The stigma of a criminal offense can follow you for years, affecting more than just your career. It can also impact your personal relationships and social standing. At Summit Defense, we understand the long-term consequences of an embezzlement conviction. Our goal is to defend your case to prevent these life-altering outcomes aggressively.

How We Defend Against Embezzlement Charges

• Challenging the evidence. We scrutinize the prosecution's evidence for weaknesses or inconsistencies, including questioning the accuracy of financial records.
• Proving lack of intent. This demonstrates that any misappropriation was due to a misunderstanding. We can show there was not a deliberate intent to steal.
• Negotiating plea deals. When appropriate, we negotiate with the district attorney. We can ask for reduced charges or alternative sentencing.
• Asserting your rights. We ensure that law enforcement and prosecutors respect your legal rights.
• Employing expert witnesses. We use financial experts or forensic accountants. We leverage these experts to challenge the prosecution's interpretation of financial data.

What To Expect When Charged With Embezzlement

1. Arrest and booking. Police arrest and book you into jail. You get fingerprinted and photographed.
2. Arraignment. You appear in court, where the charges are read, and enter a plea.
3. Bail hearing. A judge decides if you can be released before trial and sets bail.
4. Discovery process. Both sides share evidence. This is when your defense starts shaping up.
5. Preliminary hearing. The judge decides if there's enough evidence for the case to go to trial.
6. Plea bargaining. Your lawyer and the district attorney may discuss reducing your charges in exchange for a guilty plea.
7. Trial. If no plea deal is reached, your case will go to trial, where a verdict will be determined.

The Investigation Process: Searching Financial Records

During an embezzlement investigation, authorities meticulously examine financial records to trace unauthorized transactions. This involves reviewing bank statements, invoices, and expense reports for discrepancies. The goal is to establish a theft or misappropriation pattern pointing to embezzlement.

Defense strategies often focus on demonstrating that any financial discrepancies resulted from honest mistakes or authorized transactions. It's crucial to present alternative explanations for suspicious financial activity. Our law firm works closely with financial experts to dissect the prosecution's evidence and highlight its flaws.

We May Seek To Have Some Evidence Thrown Out If Obtained Illegally

If law enforcement obtained evidence against you through illegal means, such as without a warrant or through coercion, we could argue to have that evidence excluded from trial. This is a fundamental aspect of defending against embezzlement charges. Invalidating key pieces of evidence can significantly weaken the prosecution's case.

Moreover, highlighting procedural errors or rights violations can also lead to a more favorable plea deal or even dismissal of charges. Our law firm is vigilant in protecting your rights and ensuring that all evidence against you is obtained legally and ethically.

How We Decide: Plea Bargain or Trial

A plea bargain can offer a more predictable outcome, often with reduced penalties. However, if we believe the prosecution's case is weak or your rights were violated, we may recommend going to trial to fight for an acquittal. We prioritize achieving the best possible outcome for you, whether negotiating a deal or defending your innocence in court.

Factors Considered During Sentencing

If convicted of embezzlement, the court considers several factors when determining your sentence. These include the amount of money involved, any previous criminal history, the impact on the victims, and your level of remorse. Demonstrating restitution to the victims or taking steps to mitigate the harm caused can positively influence the sentencing outcome.

We advocate for leniency by highlighting mitigating factors, such as cooperation with the investigation or personal circumstances that led to the offense. Our goal is to minimize the impact of a conviction on your life, arguing for alternatives to incarceration when possible.

Summit Defense's San Jose Embezzlement Lawyer Fights for You

At Summit Defense, we understand the complexities of embezzlement cases and the stakes involved. Our San Jose embezzlement lawyer is dedicated to providing aggressive defense and personalized attention to each client. We delve into the details of your case, challenging the prosecution's evidence and advocating for your rights at every turn.

Our experience in criminal cases, especially theft crimes, equips us to handle even the most challenging embezzlement charges. We're committed to achieving the best possible outcome through negotiation or trial. With Summit Defense, you have a fierce advocate on your side.

FAQs

Rely on Summit Defense and Our San Jose Embezzlement Lawyer

If you need an embezzlement lawyer in Santa Clara County, our law office is here. We proudly serve the Northern California Bay Area and have experience with this theft charge. At Summit Defense, your needs always come first, and we would be honored to fight for you. Contact us today to schedule a case consultation.

Legal and Informational Resources

• People v. Sisuphan, 181 Cal.App.4th 800 (2010): https://caselaw.findlaw.com/court/ca-court-of-appeal/1505848.html
• People v. Ashley, 42 Cal.2d 246 (1954): https://scocal.stanford.edu/opinion/people-v-ashley-24018
• People v. Hodges, 151 Cal.App.2d 771 (1957): https://law.justia.com/cases/california/court-of-appeal/2d/153/788.html
• People v. Talbot, 220 Cal. 3 (1934): https://caselaw.findlaw.com/ca-supreme-court/1778522.html
• People v. Creath, 205 Cal.App.3d 682 (1988): https://law.justia.com/cases/california/court-of-appeal/4th/31/312.html
• California Legislative Information (Official CA Law Website): https://leginfo.legislature.ca.gov/
• California Courts Website: https://www.courts.ca.gov/
• Santa Clara County Bar Association: https://www.sccba.com/
• The Association of Certified Fraud Examiners (ACFE): https://www.acfe.com/
• The Securities and Exchange Commission (SEC): https://www.sec.gov/
• The Internal Revenue Service (IRS): https://www.irs.gov/
• The United States Department of Justice: https://www.justice.gov/
• National White Collar Crime Center (NW3C): https://www.nw3c.org/

Relevant California Statutes

1. California Penal Code Section 503 (PC 503): Definition of Embezzlement: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=503
2. California Penal Code Section 487 (PC 487): Grand Theft (The amount embezzled often determines whether it's grand theft): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=487
3. California Penal Code Section 484 (PC 484): Petty Theft (If the amount embezzled is small): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=484
4. California Penal Code Section 514 (PC 514): Punishment for Embezzlement: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=514
5. California Corporations Code Section 2255 (Corp C 2255): Knowingly Receiving Improperly Obtained Corporate Funds: https://law.justia.com/codes/california/code-corp/title-1/division-1/chapter-22/section-2255/