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Embezzlement is a white-collar crime in California and is punishable by law. It is also commonly referred as ‘Employee theft’ because of most of its cases are related to employee fraud. If you are facing embezzlement charges, it is important to act now and get your defense narrative prepared. We can help you in preparing a compelling defense narrative and will voice your side of the story in the court.
If it is your first run-in with the law, you may be wondering about the difference in theft and embezzlement.
The major difference in embezzlement and other thefts is that in embezzlement, property or object is legally in possession of defendant while in theft the defendant tries to enter or access a property or object illegally. Embezzlement is a serious crime with long-term impact on your life due to prison sentences and permanent criminal record. Therefore, the stakes are too high to ignore.
According to the California Penal Code 503, “Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.” It indicates that property of another person is in the legal possession of the person embezzling it. The common examples of embezzlement charges related to the abuse of authority that has been entrusted to people instead of their job responsibilities. The elements of the crime in embezzlement charges are i) the owner of the property or object trusted the defendant and entrusted him or her. ii) the property or purpose was legally in possession of the defendant. Iii) the defendant misused or abused the property for personal benefits and gains with an intention to deprive the owner of property’s gains. When all these elements are established, the defendant is convicted of embezzlement.
Some of the common examples of embezzlement are employees using company’s car that is given to him or her for driving to client’s meetings, using them for personal travel. Employees using false records to cover up fraud or theft, an employee using the company’s financial account for paying for personal items, or even employees using official phones for personal use can be charged as embezzlement.
In the state of California, there are tough laws and punishments for those who commit embezzlement. It is a wobbler crime which means it can be pursued as a misdemeanor or a felony based on the amount of theft or the value of the property involved and defendant’s previous criminal record. Typical punishments include prison time, monetary fines, and community service.
If it is the first offense involving money or property of the value less than $400, the sentence will be a small fine, up to three years of Informal probation, restitution, and community service.
A second offense is a much more serious matter. It can be charged as Felony Theft (also called petty theft with a prior) and is punishable by a year in county jail or even 16 months to 3 years in state prison.
If it a second offense, the sentence can be much harsher. The convict has to pay fines, restitution amount and may need to spend up to one year in county jail or up to three years in state prison.
If the value of property or object exceeds $400 in value, it is charge as Grand Theft criminal offense and will be charged as
The Penal Code in California defines the severity of an offense and punishments by the value of the object or property stolen, and in the manner, it is stolen from the owner of the property.
California’s penal code 211 defines robbery as the act of felonious taking of property or something of value from the possession of another person by force or fear.
The penal code 484 in California’s law defines petty theft as stealing, taking, carrying, or embezzling property or money of another person that is capped at $950.
California’s Health & Safety Code has many sections that deal with the various offenses related to Marijuana.
In California, Fraud or Larceny is a criminal act resulting in criminal charges against the person committing the offense.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
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Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
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Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
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I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)
I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Erica Geller Ontario, CA (Ontario Facebook review)
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
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I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
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I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Andrew A. North Hollywood, CA (Better Business Bureau review)
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.
Thank you Negin.
An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
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