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Is pc 496 a felony?

Is PC 496 a Felony? Understanding California’s Embezzlement Statute

PC 496, also known as Embezzlement, is a serious offense in the state of California. Under California Penal Code (PC) 496, it is a crime to appropriate, obtain, or receive money, goods, or any other form of value from a deceased person’s estate or someone else’s property, without the authority or permission to do so.

In this article, we will delve into the details of PC 496, discussing what constitutes a felony charge, the legal definition, and the penalties associated with this crime.

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Legal Definition of PC 496

California Penal Code Section 496 states that any person who, with knowledge of the fact, has embezzled or abstracted, or purloined, or been in confederacy with anyone in the embezzlement or abstracting, or purloining, of money, goods, books, bonds, stocks, coupons, or other effects of the value of $950 or more, whether the taking or abstraction shall have been from the person or dwelling of the owner, or from a store or shop, or by the taking or removal from any trust, deposite, [sic] or from a person to whom they shall have been entrusted;

and, having under his or her control such money, goods, book, bond, stock, coupon, or other effects, and being required, by contract or duty, to keep or safely keep it, with intent to conceal or deprave, embezzles, abstracts, or purloins the same; or,

having no authority or right to keep or get any person to whom such money, goods, book, bond, stock, coupon, or other effect is trust, deposit, or lodged, by embezzling or abstracting or purloining it from such trust, deposite, or lodgement;

Is guilty of felony embezzlement and shall be punishable by imprisonment in the state prison for not more than three years and by fine.

What is considered a felony under PC 496?

Any embezzlement of money, goods, books, bonds, stocks, coupons, or other effects of $950 or more falls under the jurisdiction of the felony level of PC 496.

Here are some key takeaways:

Felony-level theft: If the value of the property taken or embezzled is $950 or more, the offense becomes a felony, punishable by imprisonment in a state prison.
No need for force: Unlike some other crimes, embezzlement can occur without the use of force, fraud, or violence. It’s merely a question of unauthorized use or possession.
Intent matters: The intention to conceal or deprive the rightful owner of the property is essential in proving embezzlement. If there’s no intention to conceal, the action may not constitute embezzlement.

What are the consequences of PC 496 conviction?

A felony conviction under PC 496 carries severe penalties, including:

Imprisonment: Up to 3 years in state prison
Fines: Fines and fees associated with the case
Criminal record: A felony conviction on your permanent record, potentially affecting future employment and educational opportunities

PC 496 – A Look at the Case Law

California Court of Appeals’ interpretation

In People v. Lugo (1989), the California Court of Appeals ruled that "embezzlement" under PC 496 encompasses not only the theft of money but also the theft of goods, bonds, or other securities. (People v. Lugo (1989) 207 Cal. App. 3d 1071.)

Penalties for first-time offenders

For a first-time offender convicted of embezzlement under PC 496, the maximum penalty is:

Sentencing
16 months in a state prison
A fine up to $10,000

Aggravating factors that may enhance the penalty

  • If the victim is elderly (65+) or disabled, the maximum sentence is increased to 5 years in prison.
  • If the theft involves certain assets (e.g., vehicles, buildings, or financial instruments), the sentence can be longer.

Can I face additional charges for PC 496?

Yes. Depending on the circumstances surrounding the alleged embezzlement, additional charges may be brought:

  • Theft-related charges (e.g., burglary, theft, or theft from an elderly or dependent adult)
  • Embezzlement-related charges (e.g., forgery, identity theft, or false personation)
  • Other felony charges (e.g., financial crimes, fraudulent activities)

Conclusion

PC 496 is a serious felony offense in California, with significant penalties and consequences. Understanding the legal definition and elements of this crime can help you avoid potential trouble and ensure the best possible outcome if accused.

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