Crimes involving the theft of property or money are often punished based upon how much that property was worth. This holds true with embezzlement as well. The State of California treats embezzlement as a type of theft, yet it does come with a separate and more specific definition.
The State of California actually sets forth what constitutes embezzlement and the sentencing guidelines related to it, while each individual county is allowed to impose the sentences in the way they see fit. Embezzlement is a serious crime in California, so anyone accused of the crime will want to contact a lawyer to ensure they know all of their options.
Embezzlement Defined
California defines several instances of embezzlement within Penal Codes 503 and 504. The basic definition of the crime is when someone fraudulently appropriates property with which they have been entrusted. The code lists several specific instances including embezzlement by officers of the state, lessees, property transporters, financial employees and debt collectors. The law goes on to mention specific instances involving clerks, agents, tenants, lodgers and those entrusted to sell another’s property who then divert the money for themselves.
Bail Defined
Embezzlement is listed in many of the California County bail schedules. These schedules list crimes along with their preset bail amount. This allows most people accused of crimes to get out of jail through the use of a bail bond agent within hours of their arrest – without ever having to see a judge. These preset amounts, however, can vary drastically between counties. It is also important to point out that California law doesn’t allow the use of feloniously obtained funds to secure bail, so the defendant is going to need to prove their bond money wasn’t gained through criminal means.
Each county lists several instances of embezzlement with differing bail amounts. Embezzlement of funds for construction, for instance, brings a twenty-five thousand dollar bail amount in both Los Angeles and Santa Barbara counties. The same crime only requires a ten thousand dollar bond in San Benito and Monterey counties.
Some counties indicate specific instances of this charge, which incur a different bail. San Benito and Monterey Counties, for example, additionally list embezzlement of over $950 by a caretaker as an offense requiring a twenty thousand dollar bond.
Possible Penalties
Penalties for embezzlement will vary widely, dependent upon the circumstances of a case. The law states that the penalties for embezzlement will be the same as theft of the amount or property type of for what was embezzled. This means a person can be sentenced under simple larceny guidelines, or they could be sentenced under grand theft auto guidelines. Because of these rules, embezzlement can be treated as a misdemeanor or felony, making it a ‘wobbler.’ In cases where a person embezzles money from the state, country or any other type of municipality, however, the crime is automatically charged as a felony.
The statutes involving embezzlement are complex and far-reaching. California takes the fraudulent appropriation of another person’s property seriously, and the crime is punished as such. If you, or someone you love, has been arrested for this crime – contact an expert at Bail Hotline, who can walk you through the process of proving any bond monies are legitimate. This step is required in order for you to be released on bail, so that you may return to your job and family and have access to an attorney specializing in this field.
