Facing embezzlement charges in Glendale, California can devastate your professional reputation, career, and freedom. These white-collar crime allegations carry severe criminal penalties, mandatory restitution, professional licensing consequences, and lasting damage to your personal and business relationships. At Tu Defensor Criminalista, we provide aggressive, strategic defense representation for clients facing embezzlement and white-collar crime charges throughout Los Angeles County.
Embezzlement prosecutions in Glendale are handled through the Los Angeles County District Attorney’s Office, often by specialized white-collar crime units with extensive resources dedicated to financial crime investigations. Whether you’re charged under California Penal Code Section 503[1] for general embezzlement, Section 504 for embezzlement by a public official, or related white-collar offenses, you need experienced criminal defense counsel who understands complex financial investigations, knows the Glendale Courthouse[2], and has a proven track record of protecting clients accused of financial crimes.
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California Penal Code Section 503[1] provides a straightforward definition of embezzlement: “Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.” This simple definition encompasses a wide range of conduct, from employees taking cash from cash registers to corporate executives diverting millions from company accounts to sophisticated Ponzi schemes defrauding investors.
The key distinguishing feature of embezzlement compared to other theft offenses is the trust relationship. Unlike robbery or burglary where property is taken without permission, embezzlement occurs when someone who lawfully possessed property—because the owner entrusted it to them—fraudulently converts that property for their own benefit.
To convict you of embezzlement under California law, prosecutors must prove four specific elements beyond a reasonable doubt, as outlined in CALCRIM 1806 California Criminal Jury Instructions[3]:
Element 1 — A Trust Relationship Existed: The owner of the property must have entrusted it to the defendant based on a relationship of trust and confidence. This relationship can be formal — such as an employment relationship, a fiduciary duty, or a contractual arrangement — or informal, such as a friend entrusting another with funds to pay bills on their behalf. The existence of this trust relationship is what legally separates embezzlement from ordinary theft.
The defendant must have received the property through the trust relationship, not through deception or force. This means the initial possession of the property was entirely lawful — it was the subsequent misappropriation that made the conduct criminal. Courts have held that this element is satisfied whether the property was handed over directly or whether the defendant had access to it by virtue of their position or role.
Element 3 — The Defendant Fraudulently Converted the Property: The defendant must have used the property in a way that was inconsistent with the terms of the trust — and must have done so with fraudulent intent. California courts have interpreted “fraudulent” broadly in this context, meaning any use of the property for personal benefit that the owner did not authorize. Importantly, the conversion does not need to be permanent. Even temporarily using entrusted funds for personal purposes — such as “borrowing” from a client account with the intention to repay — can satisfy this element if the use was unauthorized and the defendant knew it was.
The prosecution must prove the defendant intended to deprive the owner of the property, either permanently or temporarily. California law under PC 484[4] recognizes that even a temporary deprivation satisfies this element when the defendant uses the property in a manner that creates a substantial risk of permanent loss to the owner.
The “fraudulent” element is critical. You act fraudulently when you take undue advantage of another person or cause loss by breaching a duty, trust, or confidence. This distinguishes embezzlement from honest mistakes or authorized use of property.
What makes embezzlement particularly complex as a criminal charge is the extraordinary breadth of conduct it can encompass. Embezzlement is not limited to any particular industry, profession, or dollar amount. California prosecutors have successfully pursued embezzlement charges against retail employees skimming small amounts from cash registers over time, bookkeepers and accountants manipulating financial records to divert funds, attorneys misappropriating funds held in client trust accounts, financial advisors and brokers diverting client investment funds, nonprofit executives misusing charitable donations, public officials misappropriating government funds, and family members misusing funds entrusted to them while caring for elderly or incapacitated relatives.
The common thread running through all of these scenarios is the betrayal of trust — and it is precisely that betrayal that California law punishes most severely through embezzlement statutes.
Embezzlement manifests in countless ways across various industries and relationships. Understanding common scenarios helps contextualize how these charges arise:
Employee embezzlement is the most common form, occurring when workers in positions of trust misappropriate employer funds or property. Examples include:
Glendale’s diverse economy—including retail centers like the Americana at Brand[5] and Glendale Galleria[6], along with numerous professional service firms—creates various contexts where employee embezzlement charges arise.
Higher-level embezzlement involves executives and corporate officers misappropriating company resources:
These cases often involve larger sums and more sophisticated schemes, resulting in enhanced penalties.
Professionals in fiduciary relationships frequently face embezzlement allegations:
Professional embezzlement cases carry additional consequences including loss of professional licenses, State Bar discipline, and civil liability.
California Penal Code Section 504[7] specifically addresses embezzlement by public officials—government employees who misappropriate public funds or property entrusted to them by virtue of their official position. This is always charged as a felony with enhanced penalties reflecting the violation of public trust.
Officers, directors, and employees of nonprofit organizations who misappropriate charitable donations or organizational assets face embezzlement charges with potential reputational damage and donor lawsuits.
Embezzlement penalties depend primarily on the value of property taken, with California treating embezzlement as either petty theft or grand theft:
When embezzled property is valued at $950 or less, charges are filed under California Penal Code Section 488[8] as petty theft, which is always a misdemeanor carrying:
Even though petty theft embezzlement is “only” a misdemeanor, conviction creates a permanent criminal record for a crime of moral turpitude, which can devastate professional careers, immigration status, and future opportunities.
When embezzled property exceeds $950 in value, charges are filed under California Penal Code Section 487[9] as grand theft. Grand theft embezzlement is a “wobbler”—meaning it can be charged as either a misdemeanor or felony based on:
Misdemeanor Grand Theft Embezzlement:
Felony Grand Theft Embezzlement:
California law provides sentence enhancements when embezzlement involves especially large amounts:
Property Value $65,000 or More: Additional 1 year in prison (consecutive sentence)
Property Value $200,000 or More: Additional 2 years in prison
Property Value $1,300,000 or More: Additional 3 years in prison
Property Value $3,200,000 or More: Additional 4 years in prison
These enhancements under California Penal Code Section 12022.6[10] can dramatically increase prison exposure in large-scale embezzlement cases.
California Penal Code Section 368[11] provides enhanced penalties when victims are elders (65+) or dependent adults. Embezzlement targeting vulnerable victims can result in:
Embezzlement convictions carry consequences extending far beyond criminal sentences:
Understanding how embezzlement cases proceed through the criminal justice system helps you make informed decisions and reduces anxiety about the unknown:
Embezzlement investigations often begin long before arrests occur. Unlike street crimes where police respond to immediate incidents, white-collar crime investigations are methodical, document-intensive, and can span months or years.
How Investigations Start:
Investigation Methods:
Glendale Police Department detectives or specialized Los Angeles County Sheriff’s Department white-collar crime units conduct investigations including:
Many embezzlement suspects learn they’re under investigation before arrest, creating critical opportunities for pre-filing intervention by experienced defense counsel.
One of the most valuable services a criminal defense attorney provides in embezzlement cases is pre-filing representation—working with investigators and prosecutors before charges are filed. Early intervention can:
Many embezzlement cases are resolved without criminal charges when defense attorneys intervene early, make full restitution, and demonstrate that prosecution serves no public purpose.
If charges proceed, arrests in embezzlement cases often occur by appointment rather than dramatic takedowns. Your attorney can arrange voluntary surrender, avoiding the trauma and publicity of being arrested at work or home.
After arrest, you’ll be booked at the Glendale Police Department or Los Angeles County jail, photographed, fingerprinted, and held pending arraignment unless bail is posted.
Your first court appearance occurs at the Glendale Courthouse located at 600 E. Broadway, Glendale, CA 91206[2]. At arraignment:
Having an experienced attorney at arraignment is critical for arguing appropriate bail, protecting your rights, and making positive first impressions with prosecutors and judges.
After arraignment, both sides engage in discovery—the formal exchange of evidence. Your attorney will:
Simultaneously, your defense team conducts independent investigation:
Your attorney may file various pretrial motions including:
Successful motions can lead to case dismissal or substantially weaken prosecution’s case.
Most embezzlement cases resolve through negotiated pleas rather than trials. Your attorney engages in ongoing negotiations with prosecutors, advocating for:
The strength of your defense case and your attorney’s reputation significantly impact negotiation outcomes.
If acceptable resolution cannot be reached, your case proceeds to trial. Embezzlement trials are complex, document-intensive proceedings often lasting days or weeks. Your defense attorney:
The prosecution must prove every element beyond a reasonable doubt—a high burden your attorney exploits through vigorous defense.
Every embezzlement case requires defense strategies tailored to specific facts and circumstances. However, several defenses frequently prove effective:
Embezzlement requires specific intent to permanently deprive the owner of property. If you intended to return property or believed you would restore funds, you may lack the required criminal intent. Examples include:
While “intent to return” doesn’t automatically provide a complete defense, evidence of genuine intention to restore property can create reasonable doubt about fraudulent intent.
Under California Penal Code Section 511[12], it is a defense that you appropriated property openly and under a claim of title in good faith, even if that claim was ultimately untenable. This defense applies when you genuinely believed you had a right to the property, including:
If you openly took property believing it was yours—even if mistaken—you lacked the fraudulent intent required for embezzlement.
Embezzlement requires that property was entrusted to you. If you did not have a trust relationship with the alleged victim, embezzlement charges are inappropriate. Your attorney may demonstrate:
Without the trust element, prosecutors may need to pursue different theft charges—or may lack sufficient evidence for any charge.
Unfortunately, embezzlement allegations are sometimes fabricated for various reasons:
Your attorney investigates the accuser’s credibility, motive to fabricate, and inconsistencies in allegations. Evidence of alternative suspects, accounting errors, or legitimate explanations undermines false accusations.
Prosecutors must prove every element beyond a reasonable doubt. Your attorney may demonstrate insufficiency by:
If prosecutors cannot prove fraudulent taking beyond reasonable doubt, you must be acquitted.
Sometimes financial discrepancies result from honest mistakes rather than criminal conduct:
Evidence of honest mistake negates fraudulent intent required for embezzlement.
If police or investigators violated your constitutional rights, evidence may be suppressed:
Suppression of critical evidence often leads to dismissal or significantly improved plea offers.
When facing embezzlement charges, your choice of attorney determines whether you preserve your freedom, career, and reputation or suffer devastating consequences. Here’s why clients throughout Los Angeles County trust Tu Defensor Criminalista:
We have extensive experience defending embezzlement and white-collar crime cases throughout Los Angeles County. We understand:
Our specialized knowledge allows us to identify defenses and negotiate outcomes that general practitioners miss.
We have deep experience handling cases at the Glendale Courthouse[2]. We know the judges, understand local prosecutors’ approaches to white-collar cases, and have established professional relationships that benefit clients. We understand courthouse-specific procedures, local rules, and practical realities of defending cases in this venue.
Many of our best results occur before charges are filed. When clients retain us during investigations, we frequently:
Early intervention often produces outcomes impossible to achieve after formal charges.
We don’t simply react to prosecution—we proactively build the strongest possible defense:
Our thorough approach maximizes chances of favorable outcomes.
We understand that for many embezzlement defendants, professional consequences exceed criminal penalties. We work to:
Protecting your livelihood is as important as avoiding jail.
We provide comprehensive legal representation in both English and Spanish. Our bilingual staff ensures you and your family can communicate comfortably in your preferred language, eliminating barriers to quality representation.
You’re not just a case number. We limit caseloads to ensure every client receives individualized attention. When you call, you speak with an attorney who knows your case intimately, understands your concerns, and can answer questions.
Embezzlement investigations and arrests happen outside business hours. We offer 24/7 availability for emergencies, urgent consultations, and crisis intervention.
We offer a free initial consultation where we’ll:
There’s no obligation—just an opportunity to understand your situation and make informed decisions.
Understanding the broader context of white-collar crime prosecutions helps frame your case. According to the Bureau of Justice Statistics[13], embezzlement cases comprise approximately 8% of all white-collar crime prosecutions, with fraud comprising 38% and forgery/counterfeiting comprising 54%.
White-collar offenders face different prosecution patterns than other criminals. Federal white-collar crime data[14] shows that approximately 88% of white-collar crime suspects are prosecuted—higher than property crimes (86%), violent crimes (82%), and public order crimes (81%). However, conviction rates for white-collar defendants (74%) fall below property crime conviction rates (76%), suggesting these cases involve more complex evidence and stronger defenses.
According to the National White Collar Crime Center[15], approximately one in three American households are victims of white-collar crime, but only 41% report it to authorities. Of reported white-collar crimes, only 21% are handled by law enforcement, with many resolved through civil litigation or internal corporate processes.
FBI crime reporting data[16] indicates that embezzlement has a clearance rate of 38.37%, with arrests occurring in 86.74% of cleared cases. Prosecutors decline embezzlement cases in 6.64% of instances, often when evidence is insufficient or when civil restitution resolves the matter.
In Los Angeles County, embezzlement prosecutions have increased over the past decade as forensic accounting technology improves and businesses implement better fraud detection systems. The Los Angeles County District Attorney’s Office[17] maintains specialized white-collar crime units dedicated to prosecuting financial crimes.
Embezzlement charges frequently accompany other white-collar offenses:
Since embezzlement is prosecuted as grand theft when property value exceeds $950, these charges overlap significantly.
Embezzlement valued under $950 is charged as petty theft.
Taking property through lies or fraudulent representations, often charged when embezzlers create false documentation.
Frequently accompanies embezzlement when defendants create fake checks, invoices, or financial documents.
Similar to embezzlement but specifically for public officials mishandling government funds.
When embezzlers use others’ identities to commit financial crimes.
Concealing sources or ownership of illegally obtained money, often charged in large-scale embezzlement schemes.
When multiple individuals work together to commit embezzlement.
If you’re facing embezzlement charges or are under investigation in Glendale, every moment counts. The sooner you retain experienced counsel, the better your chances of favorable outcomes.
Here’s what to do immediately:
Avoid Discussing Your Case: Don’t post about your case on social media or discuss it with anyone other than your attorney. Conversations with friends, family, and co-workers are not privileged and can be used against you.
The key difference is the trust relationship. Theft involves taking property without permission from the start. Embezzlement occurs when someone who lawfully possessed property—because the owner entrusted it to them—fraudulently converts it for personal use. For example, a robber commits theft; an employee who steals from the cash register commits embezzlement.
Yes. Intent to return property is not a defense to embezzlement. If you fraudulently took property with intent to deprive the owner of its use—even temporarily—you can be convicted. However, evidence of genuine intent to return funds may help demonstrate lack of fraudulent intent or support mitigation arguments.
If you had actual authorization, you cannot be convicted of embezzlement. The defense of “claim of right” applies when you genuinely believed you had permission or were entitled to the property, even if mistaken. Your attorney will present evidence of authorization or good faith belief in your right to use funds.
If the value of embezzled property exceeds $950, prosecutors can charge felony grand theft. Below $950, charges are misdemeanor petty theft. However, prosecutors have discretion to charge felony cases as misdemeanors (“wobblers”), particularly for first-time offenders or when mitigating circumstances exist.
Accounting errors, system failures, and poor record-keeping frequently create false appearances of embezzlement. Your attorney will retain forensic accountants to review financial records, identify errors, and demonstrate that discrepancies resulted from mistakes rather than criminal conduct.
Not necessarily. Sentences range from probation with no custody to years in state prison, depending on the amount involved, your criminal history, whether restitution is made, and the strength of mitigation. Many first-time embezzlement defendants avoid jail through negotiated pleas, particularly when full restitution is made.
Sometimes. When defense attorneys intervene before charges are filed, full restitution combined with civil settlement can convince prosecutors that criminal charges serve no purpose. After charges are filed, restitution remains critical for mitigation but doesn’t automatically dismiss charges.
Licensing consequences depend on your profession and conviction type. Many licensing boards impose discipline for theft-related convictions, potentially including license suspension or revocation. An experienced attorney structures plea agreements to minimize licensing impact when possible.
Yes. Criminal and civil proceedings are separate. Even if you’re acquitted in criminal court, employers can sue for restitution in civil court under a lower burden of proof (preponderance of evidence vs. beyond reasonable doubt). However, criminal acquittals can help defend civil cases.
No. Exercise your Fifth Amendment right to remain silent. Anything you say can be used against you in criminal and civil proceedings. Politely decline to answer questions and contact an attorney immediately. Do not provide statements to employers, investigators, or anyone else without legal counsel.
Timelines vary significantly. Cases can resolve in 3-6 months through early negotiations or take 12-18+ months if they proceed to trial. Complex cases involving extensive financial records may take longer. Your attorney can provide realistic timelines based on your specific situation.
Bring any documents related to the allegations—employment records, financial documents, emails, investigative notices, police reports, and any other relevant materials. Also bring a timeline of events and list of questions. However, don’t delay scheduling a consultation if you don’t have documents—we can obtain most materials ourselves.
Yes. Experienced defense attorneys regularly achieve charge reductions (felony to misdemeanor) or complete dismissals through various strategies including demonstrating insufficient evidence, negotiating civil resolutions, presenting exculpatory evidence, or winning suppression motions. Early intervention and aggressive defense significantly improve chances of favorable outcomes.
The statute of limitations depends on whether charges are filed as misdemeanor or felony. For misdemeanor embezzlement, prosecution must commence within 1 year of offense discovery. For felony embezzlement, the limit is 4 years from offense discovery. However, complex tolling rules and discovery delays can extend these periods. Your attorney can evaluate whether statute of limitations defenses apply.
Multiple victim cases typically result in multiple counts of embezzlement, with sentences potentially running consecutively (stacked). However, these cases also present opportunities for global resolutions addressing all allegations simultaneously. Your attorney negotiates comprehensive settlements avoiding exposure to decades of consecutive sentences.
Potentially yes, under conspiracy, aiding and abetting, or accessory after the fact statutes. Family members who helped conceal embezzlement, launder money, or enjoyed proceeds can face criminal liability. It’s critical that family members also consult with legal counsel.
The statute of limitations typically runs from when the embezzlement was discovered, not when it occurred. This means old embezzlement can still be prosecuted if recently discovered. However, stale evidence, faded memories, and missing documentation can provide defense opportunities.
If you’ve been served with a Felony DUI in Glendale, time is running out. Don’t face this crisis alone. Contact Tu Defensor Criminalista immediately for a free, confidential consultation about your case.
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.
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