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 35 years of experience defending persons accused of vandalism. Our experience 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 of 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 all 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.
Contact The Law Offices of Robert Ernenwein, PC., Now!
We are expert and experienced Torrance criminal defense lawyers and will use any and all available defenses to protect you against a conviction. We have over 35 years of experience defending persons accused of embezzlement and other crimes.
We are former Los Angeles deputy district attorneys, so we know how the prosecution operates.
Robert Ernenwein is certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been selected for inclusion in Super Lawyers by Los Angeles Magazine and has appeared as a legal analyst on multiple cable news programs, including Fox News.
The experience and capabilities The Law Offices of Robert Ernenwein, PC., will bring to your embezzlement defense are unmatched.
If you are charged with embezzlement, call us at 424-552-3901 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 other courts throughout Southern California.
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