Question 1

Is embezzlement a felony or misdemeanor?

Accepted Answer

It's a "wobbler" meaning the DA's Office can file it as either a felony or misdemeanor. The decision depends on the amount taken and your crminal history.

Question 2

What does the DA have to show to prove me guilty of embezzlement?

Accepted Answer

For standard embezzlement cases, the prosecution must show:
 
1. An owner (or owner's agent) entrusted you with his or her property;
2. The owner (or owner's agent) did so because he or she trusted you;
3. You fraudulently converted or used that property for your own benefit; and
4. When you did so, you intended to deprive the owner of it or its use.

Question 3

What if I intended to only use the property briefly and then return it?

Accepted Answer

That is not a defense. An intent to deprive the owner, even temporarily, is enough to convict you.

Question 4

What if I honestly believed that I had authorization to use the property?

Accepted Answer

A good faith belief in acting with authorization to use the property is a defense. In fact, even if your good faith belief was a mistake or unreasonable, it could still serve as a defense. However, a jury would decide whether you were aware of facts that would make your belief unreasonable in determining whether your belief was actually held in good faith.

Question 5

What if the property taken was practically worthless?

Accepted Answer

That's not a defense to embezzlement as a misdemeanor. The property taken can be of any value, no matter how slight. But, if the property used or taken totaled less than $950, your case should not be filed as a felony.

Frequently asked questions

Is embezzlement a felony or misdemeanor?

What does the DA have to show to prove me guilty of embezzlement?

What if I intended to only use the property briefly and then return it?

What if I honestly believed that I had authorization to use the property?

What if the property taken was practically worthless?

Penal Code 503 and 508 - Embezzlement