Embezzlement is more than just simple theft. Embezzlement is known as employee theft and includes the act of somebody wrongfully appropriating funds that have been entrusted to their care but are actually owned by somebody else. The most common type of embezzlement is conducted by employees, but there are others with fiduciary responsibilities that can also face embezzlement charges. Embezzlement is a type of fraud, and those facing these charges could end up serving significant time in jail or prison, along with other various criminal penalties. Here, the Los Angeles embezzlement criminal defense attorneys want to discuss some of the possible defenses to embezzlement charges.
How To Defend An Embezzlement Charge
As we review possible defenses to an embezzlement charge, we have to emphatically state that you need to seek assistance from an attorney for these cases. It is very unlikely that you have the resources or legal expertise necessary to properly defend yourself against these charges. Some of the ways that we may defend you include the following:
Prove that there is insufficient evidence: The court will need to show there is enough evidence to prove you committed the crime in question. If this cannot be proven beyond a reasonable doubt, we will fight to have the charges against you dropped.
Demonstrate you legitimately used the money for the business: People often face charges for embezzlement if they take money from a company and use it for personal gain, which is why it may be necessary to prove that you used the assets for business purposes.
Show you did not steal any funds: One of the most straightforward ways to defend a person against embezzlement is to prove that the charges have no validity. If it can be shown that you did not actually take funds, then there will be no case.
If you are under duress: If a person embezzles finances because they are under the impression that someone will harm them or somebody they love, we will work to show that you were under duress when you allegedly committed embezzlement.
Show there was no fiduciary duty: In order for embezzlement charges to be applied, there must have been a fiduciary duty between the two parties. That means that there must have been a relationship of trust, i.e., the responsibility of one party in caring for the assets of another party. If there is no fiduciary duty, then the charges of embezzlement would not apply.
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