Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

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San Jose Embezzlement Lawyer

silicon valley embezzlement defense lawyer

White Collar Crimes Defense Attorney Serving Palo Alto, Santa Clara and San Francisco Bay Area

Being charged with embezzlement can have lasting consequences for you and your professional life. Not only will you damage your professional prospects and career, but you could face prison time because embezzlement is a felony. While you may believe that white-collar crimes are not as serious as blue-collar crimes, crimes like embezzlement are severely prosecuted in state and federal courts. Therefore, if you are being charged with embezzlement, or have been accused of embezzlement, you should contact our skilled criminal defense lawyer at the Law Offices of Erik Steven Johnson. Attorney Erik Johnson is dedicated to his clients and has significant experience handling embezzlement cases. He will tenaciously defend you in court to ensure your liberties are protected and your reputation is maintained.

What is Embezzlement?

Embezzlement is defined as the fraudulent taking or appropriation of property (money, personal items, etc.) by an individual to whom the property has been entrusted (Penal Code section 503). Some examples of embezzlement include the following:

  • Employees using company funds for personal use.
  • Employees stealing a large amount of money from their companies.
  • Company managers neglecting to report their entire income to their supervisors and then keeping the remaining amount.
  • Company presidents writing unauthorized checks to themselves from their companies' bank accounts.
  • When an individual, such as a trustee, banker, or broker, is entrusted with property for another person's use and that individual fraudulently takes it or uses it (Penal Code section 506).

Embezzlement is covered by both federal and state laws. However, those convicted of embezzlement are usually prosecuted under state laws.

Penalties for Embezzlement

The penalties for embezzlement include imprisonment and hefty fines. The severity of punishments for embezzlement depends on how much in value the offender fraudulently took or used. The following details a few of the laws and consequences of embezzlement:

  • Penal Code section 186.11(a)(1): If an individual commits a pattern of felony conduct which involves stealing more than $100,000, or causing another individual(s) to lose more than $100,000, they will be punished with imprisonment in a state prison.
  • Penal Code section 186.11(2): If an individual commits a pattern of related felony conduct which involves stealing more than $500,000 or causes another person to lose more than $500,000, the offender will be sentenced to a prison term of two, three, or five years.
  • Penal Code section 186.11(c): If the individual committed two or more felony offenses in which embezzlement was the material element, the individual will be required to pay a fine not more than $500,000 or double the amount in value the offender embezzled (whichever is greater). However, if the offender stole more than $100,000 but less than $500,000, the offender will then be required to pay a fine of up to $100,000 or double the amount in value the offender embezzled (whichever is greater).

Reputable Embezzlement Lawyer in Saratoga CA

Being charged with embezzlement is serious. If the embezzlement charges lead to a conviction, you may be required to pay hundreds of thousands of dollars in fines and serve time in state prison. At the Law Offices of Erik Steven Johnson, we understand the emotional anxiety that comes with being accused of a serious crime. Attorney Erik Johnson will skillfully defend your case. Call us at 408-246-3004, or contact us online. We serve clients in San Jose, Palo Alto, Silicon Valley and San Francisco bay area.

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