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4 Defense Strategies for Embezzlement
Embezzlement or employee theft refers to the misappropriation of funds that belong to another party. While it’s an offense typically brought against an employee, you can also be charged with it if you’re not an employee, but have a fiduciary responsibility.
If you’re facing embezzlement charges, reaching out to a trustworthy defense attorney in San Diego, CA, is an essential step, but so is learning more about the potential defense methods to carry out your case successfully. Keep reading to learn more about some of the best strategies.
What are some effective defense methods for embezzlement?
Embezzlement is a serious crime that requires a careful analysis by your legal representative and a thorough plan that your lawyer will develop working closely with you. It’s possible to opt for several different strategies, based on the particularities of your individual case:
Lack of intent
If the court finds there’s enough evidence that proves your intent to deprive the owner of their property, it’s sufficient to prove you guilty of committing the crime. However, your lawyer can argue there wasn’t any specific intent from your side to convert the owner’s property to your own use.
While this method can be complicated, when successful, it negates the existence of your intent and most likely results in dropping the charges against you.
Good faith belief
Your legal representative can make a strong case by proving you had a good faith belief that you were acting in accordance with the owner’s authorization to utilize their property the way you did. In this case, the court will carefully analyze all the existing facts you were aware of at the time you took possession of the property.
However, if the court finds that you were aware of the crucial facts, this isn’t a good strategy to pursue.
False facts
Your lawyer can argue that the charges against you are based on false accusations and inaccurate or misleading evidence. Sometimes, the allegedly injured party can accuse you of this crime because they may be motivated by revenge or anger, or they’re be confused about who took their property or that the property was taken at all.
An experienced and reliable lawyer can demonstrate to the jury and the judge that you have been wrongly accused of the crime and that the charges against you should be dropped.
Entrapment
Entrapment is the situation where the government coerces an unwilling and innocent person into misappropriating funds they wouldn’t have willingly taken otherwise. It’s possible to apply two types of tests to determine whether entrapment has taken place.
The subjective test focuses on the state of mind of the accused person and it’s possible to claim entrapment if the person had no predisposition to perpetrate the crime.
The objective test focuses on the conduct of the government. Claiming entrapment is attainable when government officers’ actions cause an otherwise law-abiding individual to commit a crime.
Where can I find a trustworthy defense attorney in San Diego, CA?
When the court finds you guilty of embezzlement or an embezzlement-related offense, you can face a harsh sentence, which is one of the reasons you should hire an experienced and reliable legal representative. At Monder Criminal Law Group, our team of dedicated lawyers will thoroughly analyze your case together with you to get a clear image of all the essential details and build a strong defense strategy. We’ll also provide you with crucial information regarding the offense.
We’re a stroll away from the Balboa Theatre, so feel free to stop by our office for a free consultation. Reach out to us today!
