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?


Asked on 1/07/03, 12:37 pm

3 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

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.

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Answered on 1/07/03, 4:08 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

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.

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Answered on 1/07/03, 9:31 pm
David Diamond Diamond & Associates

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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Answered on 1/07/03, 9:37 pm


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