Embezzlement charges fall under the wider umbrella of white-collar crimes. While individuals can be accused of embezzlement if a well-meaning citizen believes an institution’s revenue may be misplaced, accusations can also be false or malicious. These charges can affect your personal and professional life, and a conviction can carry severe penalties.
Fortunately, you can challenge embezzlement charges with help from an experienced San Diego embezzlement defense attorney. Bernal Law can guide you through the legal process and craft a solid defense on your behalf. Our embezzlement defense lawyers in San Diego are passionate about representing the criminally accused and will support you through every step of the way. Our San Diego principal embezzlement defense attorney, Pedro Bernal, worked as a Deputy District Attorney in the San Diego District Attorney’s Office and prosecuted white-collar crimes at the federal level for nearly a decade before founding his practice. He is prepared to use the full extent of his experience to fight for you.
Defending Against Embezzlement Charges in California
An embezzlement charge can be life-altering, making it critical to defend yourself against these serious accusations. At Bernal Law, our embezzlement defense lawyers have extensive experience defending our clients as they combat these charges. After performing an exhaustive investigation into the incident, we will craft the best possible defense for your situation. Depending on the nature of your charges, your San Diego embezzlement defense attorney may employ one of the following strategies:
Insufficient Evidence
A common defense in embezzlement cases is establishing that there is not enough evidence to prove you committed the theft. Because it is the prosecutor’s job to prove your case beyond a reasonable doubt, your embezzlement defense attorney in San Diego may use the lack of evidence to challenge the prosecution’s case. Generally, this means proving that there is not a detailed enough paper trail to connect you to the crime.
Coercion
Coercion typically refers to a person feeling forced to embezzle the funds. For example, if you’re experiencing blackmail or threats against your employment, you may be under duress. Through this defense, your embezzlement defense attorney in San Diego will work to prove that the crime would not have occurred if you were not under so much situational pressure.
Entrapment
Entrapment occurs when a government agent influences an innocent person into embezzling funds they would not have stolen of their own choice. In an entrapment defense, your San Diego embezzlement defense attorney must argue you would not have committed a crime of your own free will.
Absence of Intent
Embezzlement charges depend heavily on your intent to commit the crime. The key to an absence of intent defense is to prove that you believed you were acting in the company’s best interests or that the funds belonged to you. This defense asserts that you did not intend to commit a crime but made a mistake that resulted in the theft.
Mental Incapacity
If your San Diego, CA embezzlement defense attorney can prove the embezzlement occurred when you were mentally incapacitated, you may have grounds for this defense strategy. For instance, if someone committed the crime while heavily medicated, they may be able to claim incapacity due to their addled judgment.
How is Embezzlement Defined in California?
In order for the prosecutor to convict you on embezzlement charges, they must prove in court the following elements beyond a shadow of a doubt:
- The defendant had a relationship with the victim, typically an employee and employer relationship.
- Within the context of this relationship, the defendant was authorized to handle money or property belonging to the victim.
- The defendant took possession of the funds, intending to deprive the victim of their assets.
Depending on the facts of your case, the prosecutor can file an embezzlement case as either a misdemeanor or felony crime. This is known as a wobbler offense. The amount of stolen money will likely influence the severity of the charges. If the amount of money taken was less than $950, the crime may be charged as misdemeanor petty theft. On the other hand, if $950 or more was stolen, the defendant may face felony grand theft charges.
Your embezzlement defense attorney can evaluate the details surrounding your case to determine the severity of your charges and the potential sentences you may face. Bernal Law will use our vast knowledge of the criminal justice system to do everything in our power to reduce your charges and penalties.
Get in Touch With an Experienced San Diego, CA Embezzlement Defense Attorney at Bernal Law
Bernal Law is ready to help you with all of your legal needs as you navigate this challenging process. Our lead embezzlement defense attorney, Pedro Bernal, has extensive experience prosecuting and defending against white-collar charges and is ready to apply his expertise to your unique case. Attorney Bernal is fluent in both English and Spanish and will work with you to tailor his services to your specific situation.
Schedule a free consultation to discuss your case today by calling (619) 736-9092 or completing our online contact form.
