My question involves criminal law for the state of: California.
A friend (no priors) stole from his employer, a significant sum, lets say more than 100k but less than 200k, from a private, very large corporation. He forged time cards. Upon being caught by authorities at the company, he confessed, hoping to pay restitution and right his wrongs. The corporation never contacted him and the friend's lawyer advised him to "not stroke the fire."
3 years and 10 days later, said corporation files grand theft and forgery charges. Friend is arrested. My questions are:
1) Because forgery has a 3 year statute isn't there some ground for dismissal? Is this a clear cut grand theft situation or could it be argued that this is a case of fraud (3 year statute where theft is 4 year).
2) If the friend begins to pay them back a monthly amount and continues to do so until the full restitution is paid, and has no priors, what would you expect punishment to be? (Maybe it can be reduced to misdemeanor? Also, does the initial confession help his case?)
Any advice would be greatly appreciated.

