Is embezzlement a felony in California?

Under Penal Code 503 PC, California law treats embezzlement as a form of grand theft. As such, the crime can be charged as a felony when the embezzled property is

1. a firearm,
2. an automobile, or
3. worth more than $950.

In these cases, embezzlement is a type of wobbler offense. This means it can be charged as either a felony or a misdemeanor, depending on:

• the facts of the case, and
• your criminal history.

A felony embezzlement conviction carries state prison time for up to three years.

Are there aggravating and mitigating factors for felony embezzlement charges?

Both aggravating and mitigating factors may be available in embezzlement cases when the offense is charged as a felony. For example, a judge is likely to give you a tougher sentence if your victim was an elderly or a dependent person (that is, someone with a mental or physical impairment that affects his daily functioning). A factor leading to a more severe sentence is an aggravating factor.

A mitigating factor, or one which may lead a judge to grant a less severe sentence, is when you returned the property subject to the embezzlement. Note that this return must have come before you get formally charged.

When is embezzlement charged as a misdemeanor?

There are two situations in which embezzlement is a misdemeanor charge. These are when:

1. a prosecutor decides to charge grand theft embezzlement as a misdemeanor, and
2. the embezzled property is worth an amount of money of $950 or less.

In the former case, the crime is punishable by county jail time for up to one year.

In cases where the embezzled property is worth $950 or less, the crime is treated as a form of California petty theft. It is punishable by imprisonment in the county jail for up to six months.¹

Are there legal defenses to embezzlement charges?

Four common defenses I use to fight California embezzlement charges are that you:

1. believed in good faith that you had a right to the property involved,
2. did not act “fraudulently,”
3. did not intend to deprive the owner of the property, and/or
4. were falsely accused.

My legal team and I have decades of combined experience getting embezzlement charges reduced to lesser offenses or outright dismissed. After conducting a thorough investigation and gathering all the available evidence, I craft the most effective defense possible to raise a “reasonable doubt” and stymie the prosecutors.

Have you or a loved one been accused of embezzlement? Our embezzlement defense attorneys may be able to get the charge reduced or dismissed. Our criminal defense lawyers create attorney-client relationships and have law offices in Los Angeles and throughout the state.