Being accused of embezzlement is a life-changing experience. Suddenly, your reputation, career, and freedom are at risk—all because of allegations that you misused or misappropriated funds entrusted to you. Whether the claim arises from a workplace audit, business partnership, or accounting discrepancy, an embezzlement charge is serious and demands an immediate, strategic response. At Simmons Wagner, LLP, we help clients facing financial crime allegations understand their rights and build strong defenses that protect their futures.
What Counts as Embezzlement Under California Law
Under California Penal Code Section 503, embezzlement occurs when someone lawfully possesses another person’s property but then fraudulently converts it for personal use. Unlike theft, which involves taking something you were never authorized to handle, embezzlement focuses on violating trust.
Common examples include:
- Employees accused of diverting company funds or manipulating accounting records
- Business partners misusing shared investments or assets
- Caregivers or financial advisors accused of mishandling client money
- Company officers allegedly using corporate resources for personal gain
Even small sums can lead to criminal charges. Depending on the amount involved, embezzlement may be prosecuted as either a misdemeanor or felony—each carrying potential jail time, fines, and restitution orders.
The Importance of Intent in Embezzlement Cases
The key to any embezzlement case is intent. Prosecutors must prove that you knowingly and intentionally took or used property with the intent to deprive its rightful owner. Mistakes, accounting errors, or misunderstandings about authority do not constitute criminal intent.
At Simmons Wagner, LLP, we often uncover evidence showing that alleged discrepancies were the result of:
- Miscommunication within a company or partnership
- Confusing financial procedures or poor recordkeeping
- Lack of clear authorization or written policies
- Honest mistakes in handling cash, checks, or digital transactions
By demonstrating a lack of criminal intent, we can often persuade prosecutors to reduce or dismiss the charges entirely.
How Evidence Is Used Against You
In embezzlement investigations, prosecutors often rely on financial records, digital data, and witness statements. But this evidence is rarely as clear-cut as it seems. Spreadsheets, bank statements, and emails can be taken out of context or misinterpreted by investigators who don’t fully understand the business operations behind them.
Simmons Wagner, LLP works with forensic accountants and expert witnesses to analyze financial data, reconstruct transaction histories, and expose weaknesses in the prosecution’s claims. We also review how the evidence was obtained—because if investigators violated your rights through unlawful searches or seizures, key evidence may be excluded entirely.
Building a Strategic Defense
Defending an embezzlement case requires more than just financial knowledge—it demands a detailed, methodical approach. Our defense strategies may include:
- Proving lack of intent or knowledge of wrongdoing
- Showing authorization to use funds or property in the manner alleged
- Challenging forensic evidence that’s incomplete or misleading
- Negotiating repayment agreements or civil resolutions to avoid criminal penalties
- Highlighting procedural errors by investigators or auditors
Each case is unique, and we tailor our defense to your specific situation, focusing on minimizing exposure and protecting your reputation.
Why Early Legal Representation Matters
Many people facing embezzlement accusations make the mistake of trying to “clear things up” by talking to their employer or investigators directly. Unfortunately, these conversations can be used against you later. Before making any statement or signing any agreement, it’s critical to speak with a defense attorney who understands white collar criminal law.
At Simmons Wagner, LLP, we act quickly to control the narrative, preserve evidence, and communicate with investigators on your behalf. Our goal is to resolve the matter before formal charges are even filed whenever possible.
Protect Your Future With Experienced Legal Defense
Embezzlement accusations don’t just threaten your finances—they can destroy years of professional credibility and personal trust. You deserve a defense that’s as thorough and strategic as the investigation against you.
If you’re under investigation or have been charged with embezzlement in California, contact Simmons Wagner, LLP at (949) 439-5857 for a confidential consultation. We’ll review your situation, explain your options, and begin building a strong defense to protect your freedom and future.