Legal Question in Criminal Law in California
Felony Embezzlement
My sister is being charged with felony embezzlement in the total amount of $1837. She has no prior record whatsoever, not so much as a traffic ticket, and was very cooperative when confronted, and plans to plead no contest. What kind of sentence can she expect?
3 Answers from Attorneys
Re: Felony Embezzlement
Thank you for your posting.
There are several different types of felony embezzlement, so the actual code section and enhancements filed by the prosecutor is important. In general though, your sister can expect, based upon what the police report reads, and based upon what the prosecutor seeks, and based upon the temperament of the judge, any sentence up to the maximum of a $10,000 fine and three years in state prison. The penalties for embezzlement are contained in Penal Code section 514, which states that "Every person guilty of embezzlement is punishable in the
manner prescribed for theft of property of the value or kind embezzled; ...the offense is a felony, and is punishable by imprisonment in the state prison.
The best thing to do is to be responsible, get an attorney, and have him or her negotiate a plea bargain, so your sister will know exactly what she is getting BEFORE she enters a plea of guilty.
Thanks again, and I hope this answer was helpful. If you feel you need further questions answered, more information, or representation, please feel free to contact me directly at [email protected] -- I'm happy to help in any way that I can. Best of luck.
It's a Felony
I regret to say I have had clients sent to prison for similar amounts embezzled from Kmart. Therefore, I suggest you take the matter seriously. retain an attorney, and see if you cannot plea bargain for felony probation. If it is a first offense, and the circumstances were not too ugly, then you might a good offer from the DA.
Re: Felony Embezzlement
DO NOT EVEN THINK OF PLEADING, WITHOUT FIRST KNOWING THE SENTENCE. CALL IF WE CAN HELP
Larry Wolf 310 277 1707
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