PC 424 makes it an offense for a government officer or anyone entrusted with public money to misappropriate the funds for inappropriate use. The crime is a felony whose conviction can result in four years of imprisonment and a hefty fine. Additionally, a conviction will affect your eligibility to hold a public office. However, you can fight your charges under PC 424 if you do not have criminal intent or are falsely accused. You can do so with the assistance of a competent criminal defense lawyer.
If you face charges for misappropriating public funds in Palm Desert, Desert Defense Lawyers can help you better understand your legal situation. Our experienced attorneys can protect your rights, guide you through all legal processes, and create a strong defense against the charges for a favorable outcome.
What It Means to Misappropriate Public Funds
If you are a government employee or public officer entrusted with public resources, you are legally required to use those resources as needed or directed by those in authority. The law prohibits using public funds for needs other than those the funds are meant for or failing to use the funds as required or authorized. You can face serious felony charges for misappropriating public resources in California. Although PC 424 mainly applies to local and state public officials, it can affect you if you control or are in charge of government resources.
You can misappropriate public funds in different ways. The penalties you receive upon conviction depend on how you misappropriate the funds. The different ways you can commit this offense under PC 424 include the following:
Appropriating Public Resources Without Authorization
This is a common way in which government officials violate PC 424. You can appropriate government funds by using them for your personal needs or another person’s needs without proper authorization. If you face charges for this reason, the district attorney must prove the following elements for the court to rule the case against you:
- You were a local or state government officer and were responsible for receiving, transferring, disbursing, or safekeeping public money.
- You appropriated the money for your personal use or someone else’s use without proper authorization.
- You know that your actions were unlawful or were criminally negligent for failing to determine whether your actions were legal.
Under this law, a government officer is an employee or official working for the local or state government. It can include an appointed or elected official, a government lawyer, or an accountant. Even a rank-and-file employee can face charges under this section. Anyone entrusted with government money, whether government employees or not, can be charged under PC 424. You are tasked with government resources if your duties relate to safeguarding, receiving, or disbursing public money.
Example: Timothy runs a daycare facility funded by the local government. He sometimes takes money from the facility’s account to pay his medical bills. Timothy is guilty of appropriating government funds without proper authorization. This is because the money is entrusted to him by the government and must only be used to cater to the facility’s needs.
Appropriating government funding means using the money for personal or another person's needs, such as a family member or friend.
Example: Jessica is a public school accountant. When her best friend, Sally, is diagnosed with cancer, Jessica transfers some of the money from the school account to help Sally pay for her medical tests. Although Jessica uses public funds for another person’s benefit, she is guilty of appropriating government funds.
Knowing that your actions are unlawful or acting with criminal negligence is also an essential element of this offense. For the court to find you guilty, the district attorney must prove that you knew that appropriating government funds was unlawful or you were criminally negligent for failing to determine whether appropriating the money was allowed. Knowing that your actions were illegal does not necessarily mean you understood the law in detail. It means that you knew or suspected that appropriating public funds was wrong. Being criminally negligent means that your actions were reckless. Remember that criminal negligence goes beyond ordinary negligence. It can be aggravated, reckless, or gross.
Misusing, Loaning, or Profiting from Government Funds Without Authorization
You can also be charged under PC 424 for making unauthorized loans or profiting from government funds in any other way. But the district attorney must prove the following elements beyond a reasonable doubt for the court to find you guilty under this section:
- You are a government officer or employee and are in charge of receiving, transferring, and disbursing safekeeping public funds.
- You are aware of a non-penal law that prohibits the loaning of public funds or using the money for profit.
- However, you loaned someone the money under your safekeeping or charge, made profits from it, or used the funds for other purposes that were not legally authorized.
- You knew your actions were unlawful or acted with criminal negligence by failing to determine if your actions were legal.
Example: Sometimes Michael, a public school accountant, loans his friends some money from the school accounts for a small profit. Even though he collects back the money by the time the school needs it, Michael is guilty of misappropriation of government funds.
Falsifying Public Accounts or Fraudulently Destroying or Altering Accounts
PC 424 also prohibits the following actions:
- Knowingly keeping a materially fake account, making materially fake entries or materially fake erasures from accounts related to public funds.
- Altering, concealing, falsifying, destroying, or obliterating accounts relating to public funds with a fraudulent intent.
Example: After noticing some missing money from a government office’s accounts where he works, Joseph deletes financial data from the computer system that could incriminate his boss. In this matter, Joseph is guilty under PC 424 of destroying financial data relating to public funds.
Failing to Transfer Money or Authorize A Payment.
Suppose you are a government official or employee responsible for making payments using or transferring government funds under your charge. In that case, you can face criminal charges for the following:
- For willfully refusing or omitting to transfer government funds when required to do so through an order, warrant, or draft drawn by a higher authority.
- Willfully refusing or omitting to pay or transfer the money you have received to another person, officer, or a person in higher authority as legally required of you.
Note: The district attorney must prove that you knew your duties and what was legally required of you but failed to act accordingly or find out that requirement through criminal negligence.
Who is Exempt From Persecution Under This Law?
The prosecutor will not file charges under PC 424 if the amount of public funds you have misappropriated is minimal or incidental. This means you are not guilty of misappropriating a small amount of public money. For example, a school accountant or librarian working in a public library cannot face prosecution for taking $10 or $20 from the cash register for a personal or another person's needs.
Possible Penalties and Consequences for Misappropriating Government Funds
Government employees or officials are treated with a higher regard than ordinary employees. In addition to having more demanding responsibilities, especially those who deal directly with the public, the government and the people they serve have higher expectations of them. Thus, issues regarding misappropriation of government funds are treated seriously and can result in grave consequences.
Generally, PC 424 is a felony offense. This makes it a more serious offense with more severe consequences than misdemeanors and infractions. If, after a trial for misappropriating government funds, the judge delivers a guilty verdict, you will likely receive the following penalties:
- Felony or formal probation.
- Two, three, or four years in prison.
- A court fine of not more than $10,000.
Imprisonment is highly likely after a felony conviction. The judge can sentence you to prison for the entire term allowed by the law or to jail for a few months and on probation for the remaining term. Imprisonment significantly distracts your life and separates you from your loved ones. You will no longer be able to do what you enjoy until after serving your term. You can miss so many opportunities while in prison or jail. Additionally, your life does not remain the same after that. You could face challenges reuniting with your loved ones or making new friends after serving time behind bars.
The judge’s sentence can be probation and not prison. But you could be required to serve part of your sentence in jail. Felony probations last from three to five years. Even though you will be free and can work and care for your loved ones, you will be under strict probation conditions. For example, the judge could order you to undergo alcohol or drug treatment, participate in community service, and not commit any crime while on probation. You must also meet regularly with an officer from the probation department who monitors your performance and reports to the court.
Violating probation is a serious crime that could worsen your situation further. It can result in an additional jail sentence or stricter probation conditions. However, if you serve your probation well, you will freely enjoy your life at the end of the probation period.
A felony conviction also impacts your life, even after you serve your sentence. It leaves you with a life-altering criminal record that could affect different aspects of your life. For example, landing a suitable job or finding an appropriate neighborhood to live in with a criminal record could be challenging.
A conviction under PC 424 will also result in losing your government or public job. You will also lose the possibility of holding a similar position. That limits your employment possibilities and could affect your ability to earn a livelihood after serving your sentence.
Fighting Your Charges Against PC 424 Charges
The consequences of a conviction for misappropriating government funds are grave. But you can avoid them by fighting your charges in court. A criminal trial allows you to fight the charges you face to enjoy a fair trial and resolution of your case. However, a solid defense can be complex without legal knowledge and skills. However, an experienced defense attorney can help. They can use the best legal defense techniques to convince the court to drop or reduce your charges. Some of the methods your defense team can use to better your situation are explained here:
You Lacked Knowledge That Your Actions Were Unlawful
The law against misappropriation of government funds requires you to have acted knowingly. The district attorney must prove that you knew that your actions were unlawful. Although it is difficult for the prosecutor to prove what you knew or did not know, they can deduce this knowledge from your actions. For example, if you tried to conceal your actions or lied about what you had done at the beginning of the investigations, it could indicate that you were aware that what you did was wrong.
However, you are not guilty if you do not have this knowledge. For example, if you used part of the money under your charge, intending to return it when needed, and were straightforward about it, the judge can drop your charges. But your attorney must demonstrate your innocence for the court to deliver a not-guilty verdict.
You Did Not Act With Criminal Negligence
The law also requires you to find out if doing what you intend to do with government funds is legal if you are unsure of it. If you do not know that using part of the money under your charge without authorization is unlawful, you should at least seek the approval of someone in higher authority before using the funds. Using the money without seeking approval is negligent. However, you are guilty of this if you act with criminal negligence rather than ordinary negligence.
Criminal negligence is graver than ordinary negligence. You are guilty if the prosecutor can prove that your actions were grossly negligent or reckless. For example, if you appropriated government funds when they were needed for a dire need, you are guilty of criminal negligence.
A skilled attorney can fight criminal negligence to ordinary negligence to obtain a favorable outcome.
The Amount Was Incidental
Remember that people who misappropriate minimal or incidental government funds are exempt from prosecution under PC 424. But you must convince the court that the amount you appropriated was minimal so the court can drop your charges. The law does not specify the amount it considers minimal or incidental under this statute. This means that prosecutors and judges decide on that on a case-to-case basis. An amount that seems minimal in one case could be significant in another, depending on the amount you handle as a government official.
A skilled attorney will weaken the prosecutor’s case to obtain a favorable outcome for your case. For example, if you are in charge of millions of government funds, your attorney can demonstrate that 5% or 10% of that is incidental. If the court accepts their argument, the judge will drop your charges.
You Face False Accusations
False accusations are widespread, with severe crimes like misappropriation of government funds. Another person can accuse you of appropriating public funds to obtain revenge or out of jealousy. An aggrieved junior staff member or colleague can even plant evidence to ensure you pay dearly for a crime you did not commit in the first place.
Even though the police, prosecutors, and judges know this, you will likely be convicted if the evidence against you is overwhelming. That is why you need the help of an experienced criminal attorney. Your attorney will gather evidence, find loopholes in the prosecutor’s case, and interview experts or eyewitnesses to ensure they obtain a case dismissal.
Misappropriation of Government Funds and Related Crimes
Embezzlement, defined under PC 503, is a crime related to PC 424. You are guilty under PC 503 if you fraudulently appropriate another person’s property, which they entrusted you. You commit this offense when you use another person’s property for personal benefits and with the intent to rob the property owner of their property.
Embezzlement is a wobbler offense. This means that the prosecutor will file misdemeanor or felony charges, depending on the value of the embezzled property. A misdemeanor charge will occur if the property’s value is less than $950; a felony charge will arise if the property is valued at $950 or more. A felony conviction can result in up to three years in prison.
If the embezzled property belongs to the government or any government agency, the prosecutor will file charges under PC 424, not C 503.
Find an Experienced Criminal Defense Attorney Near Me
If you or someone you know is facing criminal charges for misappropriation of government funds in Palm Desert, a skilled attorney can help. A violation of PC 424 can result in grave consequences, including a lengthy prison sentence and a hefty fine. You will also lose your eligibility to hold a government office. However, you can fight the charges to avoid these severe consequences or have the judge reduce your charges.
Our skilled criminal defense attorneys at Desert Defense Lawyers can help. We are highly trained and have extensive experience handling white-collar cases. We can also protect your rights and use our best defense strategies to obtain a favorable outcome for your case. Call us at 888-293-0396 to learn about your options and our services further.
