What is the sentence for embezzlement in California?

If the embezzled amount was $950 or less, the defendant can be charged with a misdemeanor with a maximum sentence of six months in jail and court fines. If the amount exceeded $950, the offense is a “wobbler” that can either be charged as a misdemeanor or a felony, with a maximum sentence of three years in prison.

What are the consequences of fraud and embezzlement?

If you are found guilty on misdemeanor embezzlement charges, you could statutorily face fines of up to $100,000 and one year in jail. If you are found guilty on felony embezzlement charges, you could face fines of up to $250,000 and up to five years in jail. Those are serious penalties.

What are the consequences for committing fraud?

Fraud convictions bring with them the possibility of a jail or prison sentence. Though sentences differ widely, a misdemeanor conviction can lead to up to a year in a local jail, while a felony conviction can lead to multiple years in prison. Federal charges can lead to 10 years or more in federal prison.

Can a business partner be charged with fraud and embezzlement?

The criminal offenses of fraud and embezzlement are strong bargaining chips to recover the lost money or property, and remove the individual from the company. Your attorney will guide you through the process of whether or not to file criminal charges, and manage the negotiations with your business partner or their attorney.

When is a defendant guilty of embezzlement in California?

Recall that a defendant is only guilty of embezzlement if he acted with the intent to deprive the property owner of his property or its use. Therefore, it is a defense for the defendant to show that he did not have this intent.

Can a person allege fraud in California law?

Since anyone can allege that they were the victim of a “fraud,” California law places a heightened pleading standard on fraud claims. “In California, fraud must be pled specifically; general and conclusory allegations do not suffice.”

What happens if you embezzle more than$ 950?

Embezzling money or property valued at $950 or less is a misdemeanor punishable by up to 6 months in county jail. Embezzlement greater than $950 can be charged as a felony, which carries a sentence of up to 3 years in custody.

Can a beneficiary file criminal charges for embezzlement?

Any beneficiary or trustee may choose to only prosecute an embezzlement claim in a civil court, without asking for criminal charges to be filed. IMPORTANTLY, you cannot threaten to have someone charged criminally to gain an advantage in your civil case. That will only expose you to potential criminal liability yourself.

What does embezzlement mean in a family trust?

In the case of family trusts, embezzlement refers to misappropriation of funds belonging to the trust, or to the decedent that should belong to the trust but were stolen before their passing. A trust litigation attorney handles the civil litigation (monetary relief) aspect of an embezzlement case, not the criminal case.

What to do if you suspect a trustee of embezzlement?

The moment you suspect a breach of trust, embezzlement, or a trustee stealing from a trust, it’s time to contact a trust litigation attorney. Many trust lawyers will offer a free consultation, and many won’t charge you a thing unless you obtain a settlement or are successful at trial.