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5 Related Offenses to Embezzlement
Embezzlement is clearly defined under the California Penal Code (CPC) §503. However, there are several crimes in CA law that are often charged as CPC §503 or, even, together with it, since embezzlement can be punished either as a felony or a misdemeanor.
Due to these common characteristics, every reputable San Diego defense attorney will describe said crimes as “related”. Today, we’ll break down these offenses and see what connects them to embezzlement.
Which offenses are related to embezzlement in California?
There are several instances of embezzlement-related offenses defined by the California Penal Code. The most common ones are:
- Burglary (CPC §459);
- Forgery (CPC §479);
- Misappropriation of Public Funds (CPC §424);
- Receiving Stolen Property (CPC §496(a));
- Extortion (CPC §518);
Each of the above offenses contains some elements of embezzlement and can be tried as such if proven beyond a reasonable doubt.
Burglary is defined as “entering the building with the intent to commit theft or felony inside the structure”. This offense is related to embezzlement in two ways:
- There is intent to commit a crime (formed before or at the time of entering the premise);
- Involves acquiring possession in the amount equivalent to embezzlement minimum.
These two factors can allow the person to be charged with both offenses in the same trial.
Forgery is an act of falsifying the signature of another person, counterfeiting the seal or documents with the intent to deceive a person (or entity), usually for personal gain. Here the relation to embezzlement is obvious. There is clear intent to commit a crime and acquire entrusted property. Therefore, the prosecution can charge a person with both in the same trial.
Misappropriation Of Public Funds
Taking public money for personal or another person’s use, loaning it, or profiting from it in any way without legal authority is considered Misappropriation of Public Funds. It relates to embezzlement due to the intention, and the possibility to acquire public money entrusted to a person. As such, one can be punished for embezzlement and Misappropriation of Public Funds as part of the same sentence.
Receiving Stolen Property
Receiving Stolen Property is when a person buys or accepts property that has been illegally obtained (stolen, extorted, etc.) knowing how it was acquired. The same applies if a person is hiding or withholding said property from its rightful owner, or helping someone do the same.
Since an embezzled property can be resold, both offenses can be a part of the same charge. Also, similarly to embezzlement, Receiving Stolen Property can be tried as a misdemeanor or a felony.
Extortion may take many forms but, at the core, involves a person using force, fear, or a claim of an official right to obtain the property of another. This offense can be a part of an embezzlement scheme or standalone and allows the prosecution to charge a person with both in the same trial.
Which San Diego defense attorney can help me build a strong case?
Embezzlement charges demand effective defense by some of the most experienced and dedicated attorneys. In San Diego, you can find your defense team at Monder Criminal Lawyer Group. We are well-seasoned professionals with a track record of excellence and we’re proving ourselves time and time again.
If you find yourself in the vicinity of the Alonzo Horton Statue, feel free to visit our offices and schedule a free consultation with one of our experienced attorneys who’ll aggressively defend your rights and your innocence at the court of law.