What You Need to Know About Defending Against Embezzlement Charges

Did you know that more than 30% of business bankruptcies are due to employee theft? According to the California Restaurant Association, 75% of employees have stolen at least once from their employer, wherein cash theft is the top cause for over 20% of businesses.

The unlawful taking or misappropriation of funds or property by a person entrusted with its control is called embezzlement. It usually occurs in a workplace setting, where an employee, manager, or official diverts money or assets for personal use.
Learn more about embezzlement charges, its consequences, and how an embezzlement lawyer can help you win your case.

Understanding Embezzlement Charges

Embezzlement charges often have a complex nature and can be intimidating, especially when faced for the first time.

To be charged with embezzlement, there must be some evidence of the intention to take or use another person’s money or property for personal gain. It is important to understand that most errors or misunderstandings in handling money cannot be used to support an embezzlement charge.

An employee putting money in their account after diverting it from the company or a trustee utilizing a trust for their expenditures are common cases of embezzlement. If an individual is currently under investigation, they must gather evidence and documents to support their case. These documents may include financial records, emails, or witness statements.

Many criminal defense lawyers offer a free initial consultation where you can consult your case and get advice on your legal options. Having legal representation early on guides a person to make informed decisions regarding embezzlement cases. Initial consultations will also tackle the different implications of an embezzlement charge.

Potential Penalties for Embezzlement

Embezzlement charges are serious offenses that result in heavy penalties.

Smaller amounts, fines, and 12-month jail sentences are typical in misdemeanor crimes. Larger amounts would result in felonies, leading to significantly harsher penalties. Penalty ranges for felony embezzlement in most jurisdictions are prison terms anywhere from 1 to several years. The financial penalties may often run into tens of thousands of dollars or much higher.

You will also be ordered to pay restitution to the victim, causing a lot of financial strain. Don’t forget that the aftermath of an embezzlement conviction does not stop with the legal aspects and the financial obligations. Being convicted for an embezzlement charge will have severe impacts on your credibility and affect your potential job opportunities.

It is advised to get legal help to deal wtih the effects of embezzlement charges.

Common Defenses Against Charges

There are several common defenses that your lawyer can use to help you contest the allegations effectively.

The strongest defense to use in an embezzlement case is proving the lack of intent to steal money or property. You can strengthen your case if you can demonstrate that at no time did you intend to deprive your employer of his money or property. Proving that the diverted finances or properties resulted from honest errors or misunderstandings is another way to show the lack of intent to steal.

The defense can argue that the defendant received authorization for permission. You can weaken the prosecution’s argument if you can show that you were given permission to access the funds.

You may argue that the evidence was obtained illegally and against your rights. If officials searched outside the investigative areas, this could be enough reason to drop charges. If a medical condition prevented you from understanding the repercussions of your behavior, you can argue for mental incapacity.

Importance of Legal Representation

An experienced attorney is aware of the underlying intricacies in the various laws of embezzlement. Your attorney would examine evidence mounted against you, explore possible loopholes in the prosecutor’s case, and formulate strategies to safeguard your rights.

They may negotiate reduced charges or alternative punishments on your behalf. Having legal representation helps clarify your rights, assists you in the legal procedure, and inform you of your legal options. Your lawyer will be your primary advocate in court and will guarantee that your case be treated with fairness.

Navigating the Legal Process

Working closely with your lawyer is a key step to efficiently address the embezzlement charges against you.

Be aware of your charges. Know the penalties and punishments that these charges entail. Knowing what you’re fighting is important.

Compile all necessary documents, including contracts, emails, and financial records, relevant to your case. Organizing this information will indeed prove invaluable to your attorney in constructing a strong defense.

Always consult your lawyer. He will guide you through pre-trial motions, discovery, and trial. Your attorney will advise you on the steps you have to take to win the case.

Resources for Legal Support

When facing embezzlement allegations, having the correct legal resources might make a difference. One of these resources is a financial crime criminal defense attorney which you can hire to guide you through your case and advise you on your rights and choices. It is also important to be awareof the existence of local legal aid organizations. These groups offer free or low-cost services, which helps when you do not have sufficient financial capacity. The majority of local bar associations may recommend knowledgeable counsel.

You can check out what is available online. Websites such as the American Bar Association have unlimited information about your legal rights and procedures. Try reaching out to forums or support groups. These are places where people will share their experiences and give advice.

Conclusion

There are several ways to defend yourself against embezzlement charges. One of these is hiring a legal representative who will diligently protect your rights and secure your future. They will use effective defense strategies by leveraging their expertise and experience in embezzlement cases.

Image by jessica45 from Pixabay

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