Ventura Embezzlement Defense Attorney

Embezzlement, fraud, and other white-collar crimes are serious charges that can lead to severe legal and personal consequences.

However, many people accused of embezzlement, never intended to commit a crime. They were unaware their actions were unlawful, while others may have been coerced or entrapped by federal investigators.

In white-collar crimes like embezzlement, the lines between legal and illegal behavior can sometimes blur. The individuals truly orchestrating the crime are often in positions of power, while others may unknowingly become involved. Regardless of your circumstances, understanding the charges and your legal options is critical.

The good news is that prosecutors in embezzlement cases often prioritize restitution over incarceration. With the right legal representation, you may be able to resolve the charges without jail time or even avoid court altogether.

If you have been accused of embezzlement, a skilled criminal defense attorney can review your case with you and advise you on the best route forward.

What is embezzlement?

Under California Penal Code 503, embezzlement occurs when someone entrusted with another person’s property fraudulently takes or uses it for their own benefit.

To secure a conviction, prosecutors must prove three key elements:

  1. Entrusted with property – The owner must have entrusted their property to you, either directly or through a third party, due to a relationship of trust. Simply being an employee or board member is not enough; the prosecution must provide evidence of a specific trust-based relationship.
  2. Fraudulent use or conversion – You used or converted the entrusted property in a way that was dishonest, violated the owner’s trust, and benefited you personally.
  3. Intent to deprive – You intended to deprive the owner of their property or its use, either temporarily or permanently, regardless of whether you planned to return it later.

Embezzlement charges often overlap with other crimes, which can increase the penalties if you are convicted. These related offenses include:

  • Misappropriation of public funds (Penal Code 424) – Applies to government employees who unlawfully use public funds. Convictions require evidence that the defendant knew their actions were illegal.
  • Embezzlement by a public officer (Penal Code 504) – Public officials misusing public funds may face either petty theft or grand theft charges, depending on the value of the funds.
  • Forgery (Penal Code 470) – Altering or creating a document with intent to commit fraud. Forgery is often charged alongside embezzlement in cases involving falsified checks or contracts.
  • Fraud – Covers acts that result in undeserved benefits at another person’s expense. Fraud can overlap with or replace embezzlement charges.
  • Burglary (Penal Code 459) – Entering a building with intent to commit a theft or felony, including embezzlement, may result in burglary charges.

Penalties for an embezzlement conviction

Embezzlement can be charged as either a misdemeanor or felony, depending on the amount involved and the circumstances of the case.

  • Misdemeanor petty theft embezzlement – For amounts under $950, penalties include up to 6 months in county jail and a fine of up to $1,000.
  • Felony grand theft embezzlement – For amounts over $950, penalties can range from 16 months to 3 years in state prison, plus fines up to $10,000.
  • Aggravated embezzlement – Involves amounts exceeding $65,000 or targeting vulnerable individuals like seniors or dependents, with enhanced penalties that may include additional prison time.
  • Multiple incidents – If smaller amounts are embezzled repeatedly over a year and total over $950, prosecutors may charge grand theft instead of separate petty theft charges.

Defending against embezzlement requires a skilled attorney who can challenge the prosecution’s case and present evidence supporting your innocence or mitigating circumstances. Common defenses include:

  • False accusation – If someone falsely accused you due to a grudge, misunderstanding, or attempt to shift blame, your attorney can expose inconsistencies or lack of evidence.
  • Belief in ownership – A good faith belief that the property belonged to you can serve as a defense, provided you can demonstrate the basis for that belief.
  • Lack of intent – If your actions were a mistake, such as a clerical error or unintentional oversight, this can negate the intent to defraud, a key element of the crime.
  • Coercion or duress – If you were forced to participate in embezzlement under threat of harm, your attorney can argue that you acted under duress.
  • Insufficient evidence – Prosecutors must prove all elements of embezzlement beyond a reasonable doubt. A strong defense can challenge weak or circumstantial evidence.

Embezzlement charges can disrupt your life, career, and reputation, but you don’t have to face them alone. Attorney Robert M. Helfend has over 40 years of experience defending clients in Ventura and across California. Known for his aggressive representation and expertise in white-collar crime cases, he works tirelessly to protect his clients’ rights and achieve favorable outcomes.

Don’t wait to build your defense. Call Robert M. Helfend today at 805-273-5611 for a free consultation and take the first step toward securing your future.

Published December 5, 2013. Updated January 17, 2025.