Defending Against an Embezzlement Charge

Defending Against an Embezzlement Charge

Posted By: Arata Swingle Van Egmond & Goodwin on Mar 25, 2015

When you have been charged with a crime you didn’t commit, you are probably stressed, lost, and wondering what you can do to clear your name. Hiring a criminal defense attorney is the best thing you can do to start this process. Every day individuals are wrongly accused of and charged with crimes they did not commit. This includes any crime – rape, murder, theft, forgery, fraud, and embezzlement, to name a few.

What Is Embezzlement?

Embezzlement is a type of fraud involving money. It happens when assets that are entrusted in a person’s care are misused by that person for another purpose.

If you are convicted of embezzlement, you could be looking at fines and jail time depending on the severity of the crime.

However, sometimes an individual can be accused of and charged with embezzlement even if they did not commit the crime. When this happens, an experienced criminal defense attorney is needed to evaluate the situation and help build a defense that can be presented to a judge or jury.

A strong defense against the charge can also be used to successfully negotiate a plea with the government or even convince the government to drop the charges.

Embezzlement Defenses

There are various defenses to embezzlement. As noted earlier, each case is different, so it is best to talk about your specific situation with a criminal defense lawyer. Your lawyer will be able to pinpoint important details of your case that will assist in building your defense to the charges.

Some of the defenses to embezzlement include:

  • Insufficient evidence
  • Absence of intent to embezzle assets
  • Incapacity
  • Entrapment

Insufficient evidence and absence of intent to commit embezzlement are the two most common defenses. In order for the prosecution to obtain a conviction, they must prove beyond a reasonable doubt that you embezzled assets. If there is insufficient evidence to support their charge against you, they most likely will not be able to meet their burden. This can be used in your favor to show that you did not commit the crime of which you are being accused.

Our criminal defense attorneys at Arata Swingle & Van Egmond are experienced in handling different cases on behalf of individuals who have been wrongly charged with and accused of a crime. We strive to uphold your rights under the law.

For an initial consultation, we invite you to call our office at (209) 522-2211.