The crime of embezzlement is serious, and if authorities charge you with this crime, it is crucial to understand your rights and how you might defend yourself.
First, someone commits embezzlement by fraudulently taking the funds or property they were entrusted with, making it a serious white-collar crime.
In simpler terms, if a person with whom you have a relationship of trust takes money or belongings from you, intending to keep it and misappropriate it, they commit embezzlement.
Now that we have discussed the crime, let’s explore the defenses available if you are charged with it. Your attorney will help you decide how to approach the case strategically by employing several possible defenses.
- Lack of intent
- Mistaken belief
- No trust relationship
- Insufficient evidence
- Entrapment or coercion
As you can see, many of these defenses are based on subjective evidence. That same evidence might be circumstantial, giving these defenses more weight.
Examples of defenses
For example, the prosecution must prove that the accused person intended to deprive the owner of the property permanently.
If you can demonstrate that you did not intend to commit fraud but believed you were entitled to the property, this defense can help you.
Another robust defense is permission. If the person charged can show they were given permission to use or withdraw the funds, it directly invalidates the embezzlement claim.
If the defendant can show that they were under the genuine belief that they had rights to the property of the case, this could help you.
If the prosecution fails to prove the existence, ownership of the property, or that it was unlawfully taken, it could seriously weaken their case.
Another important defense is coercion or duress. If the defendant can prove that they acted in the way they did under pressure or threats, this may be a valid defense.
Important things to consider
Besides the above, check with your attorney about the Statute of Limitations in your state and whether acting in good faith with efforts to rectify the perceived wrongdoings can help mitigate the defendant’s liability.