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Crenshaw Professional Building
1405 Crenshaw Boulevard, Torrance, CA 90501
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What does the prosecutor have to prove to show that I am guilty of embezzlement?
First, the prosecutor must show that you had a relationship of trust with the victim. Usually, this arises out of some relationship, employer-employee being the most common. However, it can also arise out of some other business of financial relationship, such as a partnership or other fiduciary obligation.
Second, the prosecution must show that the victim entrusted you with certain property. For example, if you worked for the victim, you were probably entrusted with money, supplies, or other assets or goods, as part of your job.
Third, the prosecutor must prove that you had the specific intent to deprive the victim of the property. Even if you ended up returning the property, the prosecutor will be able to prove this element if (s)he can show that you intended to keep the property (temporarily or permanently) at the time of the taking.
What can your lawyers do to defend me against charges of embezzlement?
Our South Bay criminal defense lawyers will scrutinize all police reports, witness statements and all discovery that the prosecutor has compiled in your case. We can contact the investigating officer and, if needed, employ the use of our defense investigator to interview witnesses.
We will look for any evidence negating the elements of the offense. One defense is that you did not take the property with the intent to misappropriate the funds, or that you had the authority (victim's consent) to dispense with the funds or property in a way that gave the appearance of impropriety (where none existed). Our South Bay criminal defense lawyers can also argue that you did not have the intent to deprive the victim of the property and that you used it in an appropriate fashion.
We can argue that you believed you had a claim of right over the property. If, for example, your employer entrusted you with money that you believed you could use to cover certain work-related expenses, we can argue that you had a good faith belief that you were entitled to do this, even if your employer did not specifically authorize you to make such an expense.
We have also been able to resolve many of these cases informally through what is known as a "Civil Compromise." Our South Bay criminal defense lawyers will contact the victim and work out an arrangement whereby restitution can be paid directly to the victim to satisfy the claim. Through negotiation with the prosecutor, the embezzlement count can be dismissed in recognition that the victim was compensated.
There is a host of issues we can evaluate based on our analysis of the police reports, witness statements and other evidence on file. Based on our findings, we may be able to successfully thwart a criminal prosecution in court, or otherwise weaken the case against you.
Our criminal defense lawyers represent clients throughout Southern California, including Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell gardens, Bellflower, Beverly Hills, Burbank, Calabasas, Carson, Cerritos, City of Industry, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, Eagle Rock, East Los Angeles, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Huntington Park, Inglewood, Inland Empire, Irwindale, La Canada Flintridge, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Playa Del Rey, Pomona, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Seal Beach, Santa Clarita, Santa Fe Springs, Santa Monica, Seal Beach, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Watts, Walnut, West Covina, West Hollywood, Westlake Village, and Whittier.
Call us at 310-782-0552 or e-mail us immediately for your free consultation.
Description: Have you been accused of embezzlement in Los Angeles? Find out how an experienced lawyer can help you stay out of jail.
Awarded: Reduction of Felony Embezzlement to MIsdemeanor, Reduced Restitution & No Jailtime
Law Offices of McGregor & Ernenwein
Crenshaw Professional Building
1405 Crenshaw Boulevard
Torrance, CA 90501
Phone: 310-782-0552
Get Directions