Potential defenses to embezzlement charges
If you have been charged with embezzlement, it can be easy to feel like you have already been found guilty. You might lose your job, the trust of your loved ones and important professional relationships long before your case even goes to trial.
However, it is critical to understand that every person accused of a crime is innocent until proven guilty. You have the right to defend yourself and challenge the allegations against you to have the charges dismissed or negotiate a plea agreement. In order to do this, you and your defense attorney will want to discuss some of the possible defenses to embezzlement.
As noted in this article, an embezzlement charge must be supported by a few specific factors, including a fiduciary relationship and an intention to take assets unlawfully. Defenses, therefore, typically involve challenging these elements and any evidence that may or may not exist.
For instance, it might be argued that any unlawful taking of assets was unintentional, or that it was done under duress or through entrapment.
It could also be possible to challenge any evidence suggesting that you were the person responsible for the theft of property or money. If there is not enough evidence connecting you to unlawful acts, the charges can be dropped.
A defense could also involve disproving the existence of the fiduciary relationship. If it can be argued that there was no relationship of trust or reliance between you and the other party, embezzlement charges would be inappropriate. This would also be the case if prosecutors cannot prove that money was acquired as a result of such a relationship.
It must be noted that defense strategies are incredibly complex and will depend on the specific details of each case. The strategies discussed in this post are intended to inform and remind readers that just because charges have been filed doesn't mean the claims have already been proven.
Before you submit any pleas or assume there is nothing you can do to defend yourself against embezzlement allegations, it would be a good idea to discuss your case with a criminal defense attorney. With legal representation, you can work to seek a dismissal or reduction of the charges against you.