Charged With embezzlement?
Torrance Criminal Defense Attorneys Discuss Embezzlement Case Defenses
According to Robert Ernenwein, a Torrance criminal defense attorney from Ernenwein & Mathes, LLP, the first quarter of 2011 resulted in a number of new California-based embezzlement charges. In California, embezzlement is a white collar crime and can result in either misdemeanor or felony charges, depending on the offense.
Some of the acts that can result in embezzlement charges include:
- Writing checks from your employer to yourself or your acquaintance;
- Taking any form of cash from your employer;
- Using your employer’s property or permitting your employer’s property to be utilized for another purpose besides the one that he or she entrusted to you;
- Hiding your employer’s assets with the intent of defrauding your employer.
Embezzlement Defense Examples
To fight an embezzlement charge, a number of defense tactics can be used.
- For instance, there’s the possibility that someone else is responsible for the embezzlement and set it up so that you look like the perpetrator. As such, the prosecutor of your case must prove beyond a reasonable doubt that someone else did not commit this crime under your good name.
- If there is insufficient evidence to support the charge(s) against you, the entire case can be dismissed. As many embezzlement case charges are dropped due to insufficient evidence, this defense is definitely a valid one.
- If you embezzled money from a company under duress – for instance, you believed that you would lose your job if you did not participate in the embezzlement activities – this defense is appropriate. If, however, the money was embezzled due to family hardships or to finance an addiction, this defense is not appropriate.
Further, if you are guilty of embezzlement, there is also the possibility that a plea deal can be worked out. For instance, if you were to agree to give the money back to your employer or another person, the embezzlement charges against you could be reduced or even dropped altogether.
Have you or someone you know been arrested for embezzlement? Contact Ernenwein & Mathes, LLP, to obtain a completely free consultation with one of our experienced Torrance criminal defense attorneys.