What You Need to Know if You’ve Been Charged with Embezzlement

Facing an embezzlement charge can be a daunting and stressful experience, and what you need to know if you’ve been charged with embezzlement can make a significant difference.

Understanding the nature of the charges, the legal process, and the potential defenses is crucial for anyone accused of this serious crime. It’s also essential to have an experienced criminal defense attorney like Mark Broughton on your side to protect your rights and get you the best outcome.

If you’ve been charged with embezzlement, contact Mark Broughton today for a free consultation.

What is Embezzlement?

Embezzlement is a type of white-collar crime that involves the theft or misappropriation of funds or property entrusted to one’s care. Unlike theft, where the perpetrator unlawfully takes someone else’s property, embezzlement involves a breach of trust. The person accused of embezzlement has lawful access to the property or funds but uses them for unauthorized purposes.

Examples of embezzlement include:

• A company employee diverting company funds into their personal account.
• A financial advisor siphoning off clients’ investments.
• A non-profit organization treasurer using donation money for personal expenses.

What’s Involved in an Embezzlement Charge?

Being charged with embezzlement means the prosecution believes you have intentionally misappropriated funds or property entrusted to you. The prosecution must prove the following elements:

1. A Fiduciary Relationship: There must be a trusted relationship where the property was entrusted to the accused.
2. Acquisition Through Relationship: The accused gained access to the property or funds through this fiduciary relationship.
3. Intentional Misappropriation: The accused intentionally misused or misappropriated the property or funds for personal gain.
4. Proof of Fraud: The accused acted with fraudulent intent.

What You Need to Know if You’ve Been Charged with Embezzlement: A Typical Timeline

Here’s what you can expect for a typical timeline with an embezzlement case:

1. Investigation: The case often begins with an internal investigation by the employer or organization, followed by a formal investigation by law enforcement.
2. Arrest and Charges: If sufficient evidence is found, the accused may be arrested and formally charged with embezzlement.
3. Arraignment: The accused will appear in court for arraignment, where the charges are read, and a plea (guilty, not guilty, or no contest) is entered.
4. Pre-Trial: This phase involves the exchange of evidence, plea negotiations, and possible pre-trial motions.
5. Trial: If the case goes to trial, both sides present their evidence and arguments. The jury or judge then deliberates and delivers a verdict.
6. Sentencing: If found guilty, the court will impose a sentence, which could include fines, restitution, probation, or imprisonment.
7. Appeals: The accused may appeal the verdict or sentence if there are grounds for appeal.

Legal Defenses Against Embezzlement Charges

Several legal defenses can be used to fight embezzlement charges. They include the following:

• Lack of Intent. Demonstrating that there was no intent to defraud or misappropriate funds.
• Mistake. Arguing that the accused made an honest mistake or accounting error without fraudulent intent.
• Absence of Fiduciary Relationship. Proving that the accused did not have a fiduciary duty or trusted relationship with the alleged victim.
• Insufficient Evidence. Challenging the prosecution’s evidence as insufficient to prove the elements of embezzlement beyond a reasonable doubt.
• Duress or Coercion. Showing that the accused acted under duress or was coerced into committing the act.

You Need an Experienced Criminal Defense Attorney if You’ve Been Charged with Embezzlement

Embezzlement cases are complex and require a deep understanding of both criminal law and financial transactions. Therefore, choosing an experienced criminal defense attorney with expertise in embezzlement cases is crucial for several reasons, including:

• Expertise: An experienced embezzlement attorney understands the nuances of embezzlement law and can develop effective defense strategies.
• Negotiation Skills: They can negotiate with prosecutors for reduced charges or favorable plea agreements.
• Investigative Skills: An experienced attorney will conduct a thorough investigation, gather evidence, and identify weaknesses in the prosecution’s case.
• Courtroom Experience: They have the skills to present a compelling defense in court, cross-examine witnesses, and argue on your behalf.
• Protecting Your Rights: An attorney will ensure your legal rights are protected throughout the process and provide guidance on the best course of action.

Contact Mark Broughton for a Free Consultation

The most critical of what you need to know if you’ve been charged with embezzlement is that it’s vital to seek professional legal assistance immediately.

Contact Mark Broughton for a free consultation to discuss your case and explore your legal options. With his extensive experience and dedication, Mark will work tirelessly to protect your rights and achieve the best possible outcome in your case.

Don’t navigate this challenging time alone. Get the expert legal help you need.

Call 559-691-6222 or click here to use our convenient online form to get legal help today.

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