An embezzlement charge can feel like the ground shifting beneath you. One day you’re doing your job, and the next, you’re facing a felony accusation that threatens your career, your freedom, and your reputation. Before panic sets in, understand this: being charged is not the same as being convicted. The prosecution carries a heavy burden, and every element of that burden must be proven beyond a reasonable doubt.
If you’re facing embezzlement charges in North Hollywood or anywhere in Los Angeles County, knowing exactly what the state must prove gives you a clearer picture of where a defense can take hold.
What Is Embezzlement Under California Law?
California Penal Code Section 503 defines embezzlement as the fraudulent appropriation of property by a person to whom it was entrusted.
California Penal Code Section 503 defines embezzlement as the fraudulent appropriation of property entrusted to someone who then uses it for their own benefit. This distinguishes it from ordinary theft. The key word is entrusted. The property didn’t belong to the accused, but it was placed in their care, whether through employment, a fiduciary relationship, or another position of trust.
That trust element is what makes embezzlement charges particularly aggressive. Prosecutors treat them seriously because they often involve a deliberate, ongoing misuse of someone’s confidence.
The Four Elements the Prosecution Must Establish
To convict on embezzlement, the prosecution must prove trust, ownership, fraudulent use, and intent, all beyond a reasonable doubt.
California courts rely on CALCRIM No. 1806 to instruct juries on the elements of embezzlement. Each one is a legal hurdle the prosecution must clear. If any element falls short, the charge should not result in a conviction.
1. A Relationship of Trust Existed
The prosecution must prove that a relationship of trust or confidence existed between the defendant and the alleged victim. This is typically an employer-employee relationship, but it can also arise from a fiduciary duty, a business partnership, a caregiving arrangement, or any situation where one person is given authority over another’s property or finances.
Without proving this relationship, the charge does not fit the statute. General theft or fraud would be different offenses entirely.
2. The Property Belonged to the Alleged Victim
The state must show that the property in question actually belonged to someone other than the defendant. This sounds straightforward, but disputes over ownership, shared accounts, or ambiguous financial arrangements can complicate the prosecution’s case in ways that create real openings for the defense.
3. The Defendant Fraudulently Used or Converted the Property
This is the core act. The prosecution must prove the defendant took, used, transferred, or converted the property in a way that was fraudulent, meaning deceptive or dishonest. Simply spending funds you had access to is not enough if the use was authorized. The fraud must be established clearly.
Bookkeeping errors, miscommunication, or legitimate disputes over compensation can sometimes blur the line between authorized use and criminal misappropriation.
4. The Defendant Intended to Deprive the Owner
Intent is often where California embezzlement cases are won or lost. The prosecution must prove you acted with the intent to deprive the rightful owner of the property, even temporarily. This is a subjective mental state, and it must be proven beyond a reasonable doubt, not simply inferred from circumstance.
If you returned the property, intended to return it, or genuinely believed you had authorization to use it, that can directly challenge the intent element.
Misdemeanor vs. Felony: How the Value Affects the Charge
In California, embezzlement is charged as petty theft or grand theft depending on the value of the property involved.
California Penal Code Section 487 governs grand theft. When the value of the embezzled property exceeds $950, the charge escalates to grand theft, which the prosecution can pursue as either a misdemeanor or a felony depending on the circumstances. Property valued at $950 or less falls under petty theft under Penal Code Section 484, which carries lighter penalties.
A felony grand theft conviction can result in up to three years in county jail under California’s realignment law, depending on aggravating factors. When the property involved reaches thresholds specified under Penal Code Section 12022.6, sentencing enhancements may apply, adding years to a prison term.
The dollar amount the prosecution attributes to the alleged embezzlement shapes everything from plea negotiations to sentencing exposure.
Common Defense Strategies Against Embezzlement Charges
Strong defenses to California embezzlement charges include lack of intent, claim of right, authorization, and insufficient evidence of fraud.
A thoughtful criminal defense strategy doesn’t start at trial. It starts the moment you retain an attorney. Some of the most effective defenses in embezzlement cases include:
- Lack of criminal intent: You believed you were authorized or had a right to the funds.
- Claim of right: You genuinely believed the property was yours, negating fraudulent intent.
- Insufficient evidence: The prosecution cannot establish one or more required elements beyond a reasonable doubt.
- Entrapment or coercion: You were pressured or manipulated into the conduct alleged.
The right strategy depends on the facts, the documentation, and the specific relationship involved.
How Los Angeles County Courts Handle These Cases
Embezzlement cases filed in Los Angeles County are typically handled through the Van Nuys Courthouse or the downtown Los Angeles Criminal Courts Building, depending on where the alleged conduct occurred. North Hollywood falls within the San Fernando Valley branch jurisdiction, which means the Van Nuys Courthouse on Sylmar Avenue is often the venue.
Court procedures, prosecutorial tendencies, and local judicial expectations all factor into how a case is built and argued. Familiarity with that environment is not a minor advantage.
Facing Embezzlement Charges? Here’s What to Do Next.
The window between an investigation and a formal charge is often where cases are shaped. Acting early can mean the difference between a charge that sticks and one that falls apart under scrutiny.
At Wegman & Levin APC, we take an aggressive, hands-on approach to theft crime defense in North Hollywood and throughout Los Angeles County. You get direct access to our team, a client portal where your case documents are always at your fingertips, and attorneys who are active participants in your defense, not passive observers. We think beyond the standard playbook, and our track record of favorable outcomes speaks for itself.
Call us at 818-495-8330 or contact us to schedule a consultation. We go the extra mile because your case demands it.
Last updated: May 2026
