Accusations of embezzling union funds can overwhelm you, especially if you believe you are innocent. Understanding California’s legal landscape will help you navigate these challenging times.
What constitutes embezzlement?
California Penal Code § 503 defines embezzlement as the fraudulent appropriation of entrusted property. In the context of union funds, this means using union money or assets for personal gain without authorization.
Key elements of embezzlement
Prosecutors must prove these elements beyond a reasonable doubt to convict someone of embezzlement:
- Entrustment: You received the fund in trust.
- Fraudulent use: You used the property fraudulently for your benefit.
- Intent to deprive: You intended to deprive the owner of its use.
These elements form the foundation of an embezzlement case.
Potential defenses
If you face embezzlement charges, consider these possible defenses:
- Lack of intent: You did not intend to deprive the union of its funds.
- Good faith belief: You believed you had the right to use the funds.
- Authorization: You had permission to use the funds as you did.
Understanding these defenses will help you build a strong case.
Penalties for embezzlement
California’s penalties for embezzlement depend on the property’s value:
- Property worth more than $950: This can result in felony charges, with potential penalties including up to three years in jail.
- Property worth $950 or less: This typically results in misdemeanor charges, with penalties including up to six months in jail.
Steps to take if accused
If someone accuses you of embezzling union funds, consider taking these steps:
- Consult a lawyer: Seek immediate legal advice to understand your rights and options.
- Gather evidence: Collect any documents or communications that support your defense.
- Stay informed: Understand the charges against you and the legal process.
Taking these steps will help you prepare your defense.
Moving forward
Accusations of embezzling union funds are serious, but understanding the law and your rights will help you navigate this difficult situation. If you believe in your innocence, defend yourself and seek professional legal advice.
