Criminal Defense Blog
Our Client was charged with felony embezzlement under Penal Code section 503 for allegedly stealing over $30,000 from her employer. This offense is a wobbler, meaning it can be charged as a misdemeanor or a felony.
When the value of the items stolen is less than $950.00, embezzlement is a misdemeanor. Misdemeanor embezzlement has a maximum of one year of unsupervised probation and up to one year in the county jail.
If the alleged theft is $950.00 or more, embezzlement can be charged as a felony. A conviction for felony embezzlement can result in a county jail prison sentence of 16 months, 2 years, or 3 years, or if probation is granted, up to 2 years of supervised probation and up to one year in the county jail.
Due to the fact that our client allegedly embezzled well over $950.00 from her former employer, she was facing a felony conviction with up to 3 years in custody.
Since our client had no prior criminal record and had otherwise been a law-abiding citizen her entire life, we were able to negotiate a settlement with the prosecutor that would reduce the felony charge to a misdemeanor if my client reimbursed her former employer for the money taken.
Our client needed some time to save up a large sum of money to make restitution. We were able to continue the case several times in order to give her time to do so. She did need to show that she was making progress towards saving up the money she needed to pay back. We did this by providing copies of statements showing her bank account balance at each court date.
Ultimately, after about a year, our client was able to pay the restitution in full and the prosecutor reduced the charge to a misdemeanor with one year of unsupervised probation, no jail time, and minimum fines and fees.
Obviously, our client was very grateful for this outcome since her goal was to avoid a felony conviction and custody time. She is a single mother so going to jail would have been devastating to her children’s lives. She will also need to obtain future employment to provide for her family and a felony conviction would have made this more difficult. While this type of outcome is not always possible in every case, we were able to achieve what was likely the best possible outcome in her case.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles, and San Diego, you can conveniently find an experienced Wallin & Klarich attorney with decades of experience in successfully defending embezzlement charges. Contact our offices today at (877) 4-NO-JAIL or (714) 587-4279 for a free, no-obligation phone consultation. We will be there when you call.
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