Embezzlement and fraud are types of white collar crimes. The crime of Embezzlement is a financial crime and includes employee theft from a company, a church, a nonprofit, or any place people have the opportunity to divert funds, usually repeatedly over time.Embezzlement Charges in San Diego
What Is Embezzlement?
Embezzlement is the taking of money and/or personal property to which one has been entrusted by an act deceit. During any investigation and/or after an arrest or charge is filed, you should contact our San Diego embezzlement defense attorneys.
Embezzlement is committed by someone with access to cash, checks, or the company bank account or accounting system.
We know this crime most commonly takes place during one’s employment and typically by a bookkeeper or accountant, manager or supervisor, or an executive who is in a position of trust in a business or company.
Because embezzlement crimes can involve incarceration in jail or serious time in state prison along with restitution and monetary fines, you need legal advice and representation from our San Diego embezzlement lawyers.
Pursuant to Penal Code section 487, embezzlement can be charged as grand theft if the total amount involved is $400 or more in a period of 12 months.
We would like you to call for a free consultation with our Managing Attorney at Spital & Associates. Our focus is to protect your rights and develop a winning defense. We intend to fight for you whether you have been charged with a misdemeanor or felony.
Call Sam Spital at 619.583.0350 who is our Managing Attorney.
Fraud is a financial crime that involves deception, or what the victim of fraud thought of as deception. Individual business professionals can face investigations or accusations of fraud, or a company could be charged with fraud.
When felony criminal charges are brought, especially if large amounts of money are involved, there may be extensive police investigation prior to an arrest.
An employee or an employer may have an idea that he or she is being investigated for fraud and should act immediately by contacting an experienced and proactive San Diego fraud defense attorney.
If you think you are being investigated for embezzlement, fraud, false billing, over-billing, financial discrepancies, accounting problems, financial misrepresentation, or financial wrongdoing, contact our top fraud defense attorneys in San Diego, CA immediately.
Fraud cases can involve a wife variety of different set of facts, including the use of a credit card, filing an insurance claim, Internet fraud, health care or welfare fraud, real estate, check or mail fraud and senior fraud (elder financial abuse).
Whatever the above investigation, allegation, arrest or criminal case — whether related to any type of insurance (automobile, home, etc.), a mortgage, real estate or property, use of a credit card (whether yours or another person’s), or any other variety of criminal fraud — call our Managing Attorney Sam Spital at 619.583.0350 now for a free consultation to obtain legal advice.
We are here to provide effective and winning results.
Mitigating Factors in Fraud Crime Cases
Our role as your attorney is to present a successful result. We will emphasize the mitigating facts and minimize any aggravating factors:
- Actual or potential harm to the public
- Prior overall criminal record
- Compliance with sentence and terms of probation
- Prior arrests of record, even if not related to an embezzlement arrest or fraud complaint
- Number and variety of charges
- Nature and severity of the embezzlement or fraud
- Rehabilitation and remorse
- Time passed since the underlying fraudulent act, fraud offense, and/or embezzlement
- The degree of financial benefit to the defendant
- Any cruelty by the defendant
- Whether the defendant was suffering from a medical condition that significantly reduced his or her culpability
- Whether the defendant is ineligible for probation;
- Whether the defendant made restitution to the victim
- Whether and the degree of viciousness and/or callousness;
- The defendant was not armed with or used a weapon
- The defendant did not induce others, including a minor
- Whether consecutive sentences could have been imposed
- The manner in which the crime was carried out does not indicate planning, sophistication, or professionalism;
- It did not involve an attempted or actual taking or damage of great monetary value;
- Whether any position of trust or confidence existed
- If the defendant poses a serious danger to society
- If ever served a prior prison term
- The defendant was not on probation or parole
Consequences of a Fraud or Embezzlement Crime
- jail or state prison
- criminal record
- Probation or Parole
- court imposed education courses
- possible loss of the right to own a deadly weapon
- unable to obtain and/or difficulty with employment
- revocation of Driver’s License
- denial of a State Board license or having your professional license suspended or revoked (see http://www.spitalaw.com/ – Professional Licensing)
At the law office of Spital & Associates, you will receive a FREE INITIAL CONSULTATION to discuss your fraud or embezzlement investigation or arrest with Sam Spital, a former Deputy Attorney General who leads the firm.
Rest assured that no matter how complex your case, we want to be your San Diego fraud attorney.
When you retain our law firm we will defend you against charges of fraud, whether it involves checks, a mortgage, welfare benefits, insurance, real estate or credit cards. We fully understand the criminal laws and defense that apply in these cases and we know what to do. We handle felony fraud cases in San Diego Superior Court or the US. Federal District Court. We also do appeals before the California criminal appellate courts, including:
- Credit Card Fraud
- Check Fraud and Insufficient Fund Checks
- Insurance Fraud
- Medicare or Medicaid Fraud
- Securities Fraud
- Mortgage Fraud
- Health care Fraud
- Real estate Fraud
- Welfare Fraud
- Ponzi Schemes and Pyramid Schemes
We want to be your San Diego fraud defense lawyer. We will defend your rights at every stage of your case, even before you have been charged. If you think you are under investigation for embezzlement or fraud, contact us for legal advice and guidance.
We CARE! From police contact and interrogations, through detention, arrest and arraignment, and to the end of your case, we will be by your side, aggressively fighting for you and protecting your rights. Contact us when you want a San Diego embezzlement lawyer or white collar crimes attorney. You can rely upon Spital & Associates being there here for you!
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Banker’s Hill Associate Office
1901 First Avenue, Suite 138
San Diego, CA 92101
Downtown Associate Office
Of Counsel – Bill O’Connell, Esq.
110 West C Street, Suite 1300
San Diego, CA 92101-3978
Associates available 24/7.
Call (619) 583-0350 or send us an e-mail.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.