Description

Public officials may be charged with Misappropriation of Public Funds if an officer of this state, or of any county, city, town or district charged with the safekeeping or disbursement of public moneys, who, without authority of law, appropriated the same, or keeps false accounts, or loans the same or any portion thereof, or refuses or omits to pay upon the presentation of a draft, order or warrant drawn upon these moneys by a competent authority. Violators may be charged with a felony and disqualified from holding any office in this state.

What does the prosecutor have to prove?

1. Defendant was an officer of this state, or of a county, city, town or district.
2. As such Defendant was charged with the receipt, safekeeping, transfer, or disbursement of public moneys.
3. Defendant appropriated said money, or any portion thereof, to his own use or to the use of another. or
3. Defendant loaned said money, or any portion thereof. or
3. Defendant made a profit out of, or used said money for a purpose not authorized by law. or
3. Defendant knowingly kept a false account, or made a false entry or erasure in an account of or relating to said money. or
3. Defendant fraudulently altered, falsified, concealed, destroyed, or obliterated an account of said money. or
3. Defendant willfully refused or omitted to pay over, on demand, public money in his hands, upon presentation of a draft, order, or warrant drawn upon such money by competent authority. or
3. Defendant willfully omitted to transfer said money, when such transfer was required by law. or
3. Defendant willfully omitted or refused to pay over to an officer or person authorized to receive said money, money received by Defendant under a duty imposed by law so to pay over.

Punishment

Felony: 2years/3years/5years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No