Legal Question in Criminal Law in California

what is the sentence for embezzlement? 2nd offense, first offense 12 years ago. money paid back


Asked on 5/27/13, 3:43 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Embezzlement used to be a crime in and of itself, but now falls under the umbrella of theft under Penal Code section 484. The value of the property you took, regardless of the fact that you gave it back, determines whether you get a petty theft under section 484, or grand theft under section 487.

I can't make a prediction in your case, because you don't provide the specifics of all the charges, from now or before. If you are convicted of embezzlement as a felony, you face a sentence of 16 months, or two or three years in the California State Prison, and a $10,000 maximum fine.

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Answered on 5/28/13, 9:33 am
Terry A. Nelson Nelson & Lawless

Every crime carries potential �time� upon conviction. You�ll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors� evidence when appearing for arraignment at the first court hearing. The charges actually filed by the prosecutor will determine how much �time� could potentially be imposed. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. Priors and strikes will add formal �penalty �enhancements� and affect the prosecutor and judge attitude toward you.

When charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 5/31/13, 1:49 am


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