Legal Question in Criminal Law in California
Embezzlement and sentencing
If a person is convicted of felony embezzlement for $400,000 what is the possible sentencing and any alternatives under California Law.
2 Answers from Attorneys
Re: Embezzlement and sentencing
It depends not only on the amount embezzled, but on how many counts of embezzlement the prosecutor charged, and how many you were found to be guilty of. You are asking a question which is very difficult to just give a blanket answer to.
You should take the time and money to consult an attorney. This is not a crime which I would tell anyone to seek free advice on. You can start by reviewing the law.
http://caselaw.lp.findlaw.com/cacodes/pen/503-515.html
Re: Embezzlement and sentencing
In this type of crime two factors are most important, in my view: existence of prior record (or lack thereof) and how fast the defendant can come up with the restitution amount which generally will equal the amount stolen. Amazing results - such as simple probation without any jail time and quick reduction of the offense to misdemeanor - can be achieved when money can be put on the table to reimburse the victim quickly, as long as the amount is significant from the point of view of the victim. A defendant can have amazing leverage and bargaining power in such situations which call for involvement by a skilled attorney with good diplomatic skills.
Hope this helps,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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