Sacramento Criminal Defense Attorneys Protecting the Rights of the Accused

Embezzlement, extortion, forgery and other offenses are often considered “white collar” crimes. People think that they are therefore less serious than other crimes or that they don’t carry heavy penalties. Unfortunately, the truth is that these crimes are every bit as serious as any other crime, and just about anyone can find themselves charged with one of these offenses.

The attorneys at The Law Offices of David S. Chesley know what it takes to fight embezzlement, extortion, or forgery charges. With over 50 years of combined courtroom experience, we have the knowledge and skills that you need to face your charges and win. If you’d like to schedule a free consultation with one of our experienced criminal defense attorneys to discuss your case, call us at 800-755-5174 or contact us online as soon as possible.

What is Embezzlement?

California Penal Code Section 503 defines embezzlement as “the fraudulent appropriation of property by a person to whom it has been intrusted.” Embezzlement is a form of theft. As a result, the prosecution has to prove the following elements in order to obtain a conviction for embezzlement:

1. Someone else entrusted you with their money or property;
2. You took or used the money or property to your benefit and without permission;
3. You intended to deprive the other person of the property either permanently or temporarily.

The vast majority of embezzlement cases arise in the context of the employer-employee relationship. If your employer entrusts you with their property (tools, access to petty cash or other accounts, etc.) which you then fraudulently take for your own benefit, you could be charged with embezzlement.

What are the Penalties for an Embezzlement Conviction?

Embezzlement can be either a felony or a misdemeanor charge depending on the value of the property and other circumstances of your case.
If the property is worth less than $950, embezzlement is considered petty theft and charged as a misdemeanor. As a result, you would then face up to six months in county jail.
If the property is worth more than $950, embezzlement is considered grand theft and is a “wobbler” offense. This means that it can be charged as either a misdemeanor or a felony, and you would face the following penalties:

1. Misdemeanor grand theft embezzlement: up to one year in county jail
2. Felony grand theft embezzlement: up to three years in jail

Finally, there is an important wrinkle that pertains to embezzlement cases when it comes to the value of the property at issue. Because many embezzlement cases unfold over time and in small amounts, you can be charged with grand theft embezzlement if the total amount of the property stolen over 12 months was worth more than $950.

What is Extortion?

Extortion, commonly referred to as “blackmail,” is defined by California law as “the obtaining of property or other consideration from another, with his or her consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.” In other words, you can be charged with extortion if

1. You use force or fear to get someone to give you something of value;
2. You use force or fear to get a public official to perform an official act; or
3. As a public official, you use your authority to compel someone to give you something of value.

Extortion is unique among other forms of theft in that the victim willingly gives up their money or something else of value. As a result, it is critical for the prosecution to show that fear or force was used in order to obtain a conviction for extortion.

What are the Penalties for Extortion?

In most cases, extortion is charged as a felony. If convicted of extortion, you could, therefore, face the following penalties:

1. Two, three, or four years in county jail;
2. A fine of up to $10,000.

If convicted, it is possible that you could receive both a jail sentence and a fine. In addition, the victims can also file a civil lawsuit to recover their losses.

What is Forgery?

When you mention the crime of forgery, most people think of faking someone else’s signature. However, under California law, the following acts can also be charged as forgery:

• Faking a seal
• Faking someone else’s handwriting (not just their signature)
• Signing someone else’s name (without trying to imitate their signature) or signing the name of a fictitious person
• Altering or falsifying a legal document such as a will or deed of conveyance
• Falsifying, changing, or fabricating any document pertaining to money or property such as documents used to obtain a loan

As you can see, forgery can be charged in a broad spectrum of circumstances. However, in order to convict you of forgery, the prosecution must prove that you performed one of these acts with the intention to commit fraud.

What are the Penalties for Forgery?

In most cases, forgery is a wobbler crime, meaning that it can be charged as a felony or a misdemeanor. Whether you are charged with felony or misdemeanor forgery will depend on the circumstances of your case, but you could be facing the following penalties:

• If charged as a misdemeanor, you could face up to one year in county jail.
• If charged as a felony, you could face up to three years in jail.

If the forgery involved a check, money order, or similar financial instrument worth less than $950, you will be charged with misdemeanor forgery.

Charged with Embezzlement, Extortion, or Forgery? Call Us Today to Speak with a Sacramento Criminal Defense Attorney

A criminal conviction on your record can have serious consequences – jail time and fines. However, there are other consequences that people often fail to consider. A criminal conviction could make it difficult to get a job or a professional license, and you will have to deal with the stigma of a criminal conviction for years to come. If you’ve been charged with embezzlement, extortion, or forgery, you need an experienced Bay Area criminal defense attorney to protect your rights. The lawyers at The Law Offices of David S. Chesley have the skills and knowledge to make sure you get a fair result. Call us at 800-755-5174 or fill out our online contact form to schedule a free consultation and discuss how we can help you.