Though exact definitions vary by jurisdiction, embezzlement broadly refers to a category of theft crimes. Under California Penal Code 503 embezzlement is defined as the fraudulent appropriation of money or property by a person to whom it has been entrusted. This can be done by forging documents, creating fake accounts, or misusing company credit cards. Depending on the value of the stolen property and the circumstances surrounding the crime, embezzlement may be charged as a misdemeanor or a felony.
The penalties for embezzlement can be severe, ranging from a few months in jail for petty theft charges to several years in state prison for grand theft charges. In some cases, embezzlement can be elevated to felony charges, depending on the value of the stolen property or the length of time the embezzlement occurred.
Common Legal Defenses & Bail for Embezzlement
In court, the judge will consider several factors when determining the total bail amount for embezzlement charges. These factors may include the severity of the crime, the value of the stolen property, and the defendant’s criminal history. The judge will also consider the defendant’s financial resources and they will consider other factors like if the defendant is a flight risk.
Presenting a strong legal defense could impact the total amount of bail for embezzlement, as a judge may set a lower total bail amount if your legal team is able to present a compelling argument. Some common legal defenses for embezzlement are:
- Lack of intent: The defendant may argue that they did not intend to commit embezzlement, and that any wrongful taking of property was accidental or unintentional.
- Ownership or permission: The defendant may argue that they had permission or ownership rights to the property they are accused of embezzling.
- Mistake of fact: The defendant may argue that they believed they had a right to the property they are accused of embezzling, even if that belief was mistaken.
- Coercion or duress: The defendant may argue that they were forced to embezzle property under threat of harm or injury.
Bail Bonds for Embezzlement
Total bail amounts for embezzlement can be quite high and posting bail may be an expensive and difficult process depending on the specifics of the case, but a bail bond agent can help you get released from jail while you await trial.
The bail bond process involves paying a non-refundable fee to a bail bond agent, who will post bond on your behalf in exchange for a percentage of the total bail amount. This non-refundable fee that you will pay a bail bondsman is usually equal to 10% of the total bail amount. Bail for embezzlement can be a significant financial burden, but posting bail or working with a bail bond agent is essential if you want to be released from jail while you await trial.
If you have been granted a total bail amount and are looking to work with a bail bond company, use our online embezzlement bail bond calculator to determine the fee you’ll need to pay a bail bond agent. Once you have paid the non-refundable fee to a local, reputable bail bondman, they will begin the process to get you released from jail immediately.