Los Angeles Embezzlement Defense Attorney

Embezzlement is charged under California Penal Code Section 503. For the defendant to be convicted, the prosecution must demonstrate each element of the crime with evidence.

The elements of embezzlement are:

The owner entrusted his property to the defendant because he trusted the defendant.

Trust is one of the most slippery elements of embezzlement. It is often difficult to demonstrate because it cannot be determined solely from the general characteristics of the relationship. Rather, the court will look to more specific details to determine if there was a relationship of trust.

Examples of trust relationships include:

• Any relationship in which the defendant is given temporary possession of someone else’s property, such as a valet tasked with parking expensive vehicles at a fancy restaurant
• Any relationship in which the defendant is responsible for managing the victim’s money

The defendant fraudulently converted or used the property for his own benefit.

Fraud is another difficult element to prove. Generally speaking, fraud occurs when the defendant violates a confidence placed in him by the victim. It may also occur if the defendant takes undue advantage of the victim.

The defendant intended to deprive the owner of the property’s use.

Deprivation is defined extremely broadly in the embezzlement context. The deprivation does not have to be permanent or even for any significant period of time. The intent to deprive may be temporary and very brief.

Furthermore, the element may be present even if the defendant intended to return the property to the owner.