Fighting Embezzlement Charges in San Francisco

Fighting Embezzlement Charges in San Francisco

Being charged with embezzlement can be an incredibly stressful and frightening experience. As someone who’s been accused of taking money or property from your employer, you may feel overwhelmed and unsure of what to do next. The good news is that with the right legal strategy, these charges can often be beat. In this article, we’ll break down what you need to know about fighting embezzlement allegations in San Francisco.

What is Embezzlement?

First things first – let’s cover the basics. Embezzlement refers to the act of unlawfully taking money or property that’s been entrusted to you, typically by an employer. This could involve things like:

• Taking cash from the company safe
• Putting personal expenses on a company credit card
• Writing checks to yourself from a company account
• Transferring company funds to your personal bank account

Unlike theft, embezzlement involves a violation of trust. As an employee or someone else in a fiduciary role, you’re expected to handle funds or assets responsibly on the company’s behalf. When you misuse those funds for personal gain, that’s embezzlement.

These charges are taken very seriously in California. If convicted, you could face hefty fines, years behind bars, and a criminal record that damages your reputation and job prospects for years to come. But don’t panic – keep reading to learn about potential defenses.

Common Defenses Against Embezzlement

When building an embezzlement defense strategy, your attorney will likely consider arguments like:

You had permission

One of the simplest defenses is to argue that you had permission to use company funds in the way you did. For example, perhaps your boss verbally approved certain expenses or transfers, but you just don’t have written proof. While difficult to prove, if there’s any evidence suggesting you had authorization, this could poke holes in the prosecution’s case.

There was no intent

Embezzlement requires prosecutors to prove you knowingly and intentionally misused entrusted funds. If it was an honest mistake – like transferring money to the wrong account – you may be able to avoid charges by demonstrating there was no criminal intent.

The amounts are inflated

Another common defense strategy involves contesting the dollar amounts in question. Prosecutors often inflate the total losses from embezzlement – if your attorney can prove the actual amounts were lower, it could help secure a better outcome.

You had no fiduciary duty

Embezzlement hinges on violations of fiduciary duty. This legal obligation refers to faithfully managing money or property on another party’s behalf. If you can successfully argue you didn’t actually have fiduciary responsibilities, it could defeat the charges.

Other Factors That Influence Embezzlement Cases

Beyond possible defenses, several other factors come into play that can impact the outcome of an embezzlement case. These include:

Your criminal history

If you have a clean record, prosecutors may be more inclined to agree to a plea deal allowing you to avoid jail time. But if you have prior convictions, especially for crimes like fraud or theft, they’ll likely pursue harsher punishment.

Evidence against you

The strength of the prosecution’s evidence is key. Things like bank records, emails, financial statements and witness testimony can all prove embezzlement. If the evidence is lacking, your charges may potentially get dismissed.

Your cooperation

Admitting fault and expressing remorse can go a long way, while denying allegations and shifting blame typically backfires. Cooperating with prosecutors shows accountability and good faith.

Restitution

Offering to repay all funds in question – called restitution – can also help secure a better plea deal and avoid jail time. This demonstrates willingness to make things right.

Finding the Right Embezzlement Lawyer in San Francisco

Fighting embezzlement allegations requires an experienced defense attorney on your side. When choosing a lawyer, look for these important qualifications:

• Extensive knowledge of California embezzlement laws – someone who understands the complex legal nuances involved.
• A proven track record getting embezzlement charges reduced or dismissed.
• Skill negotiating with prosecutors to secure favorable plea bargains.
• Strong investigative skills to meticulously examine evidence.
• Experience arguing common embezzlement defenses in court.

It’s also wise to choose an attorney who makes you feel comfortable and gives your case ample individual attention. Embezzlement charges shouldn’t be taken lightly – but the right lawyer can help ensure the truth prevails.

What to Expect in an Embezzlement Case

If you’ve been charged with embezzlement in San Francisco, here’s a quick overview of what to expect in the legal process:

Arrest and booking

If police have strong enough evidence, they may arrest you and book you into jail. You’ll be fingerprinted, photographed and held until bail is posted.

Hiring a defense lawyer

Your first call should be to an experienced embezzlement attorney who can start crafting your defense strategy right away.

Review of prosecution’s evidence

Your lawyer will thoroughly examine all the evidence gathered by police and prosecutors. This could include financial records, surveillance footage, witness statements and more.

Plea negotiations

Many embezzlement cases end in a plea bargain rather than going to trial. Your attorney will negotiate for dismissal of charges or reduced penalties.

Trial

If no plea deal is reached, your case will go before a judge or jury at trial. Your lawyer will argue against the allegations and aim to create reasonable doubt.

Sentencing

If found guilty, the judge will impose penalties like fines, probation, restitution payments and possibly jail time.

Appeals

If you’re convicted, your lawyer may advise appealing to a higher court to overturn the verdict.

Don’t Go It Alone – Consult a Lawyer Today

Dealing with embezzlement charges is daunting. But with an experienced criminal defense attorney guiding you through the process, there are often ways to achieve the best possible outcome – whether that’s getting charges reduced or dismissed, avoiding jail time, or minimizing penalties. Don’t leave your fate to chance – schedule a consultation with a lawyer right away.