Nearly every day, the crime of embezzlement appears in the news. Defending a charge of embezzlement often involves using two or more criminal defense techniques. In California, embezzling more than $950 is a felony that may carry three years in prison.
Criminal defense tactics
A California insurance agent was apprehended and charged with embezzlement, identity theft and grand theft after filing more than 60 fraudulent insurance applications with stolen identities and obtaining more than $20,000 in commissions from these fraudulent policies.
Embezzling is a common crime to look out for in employees who handle financial accounts. The purpose of criminal defense is to ensure that those who are accused of crimes are treated fairly and equitably within the bounds of the law.
Beyond a reasonable doubt
A defendant is found guilty only if their guilt is proven beyond a reasonable doubt, which means there is no doubt that the person is responsible for the crime. The criminal defense attorney’s job is to reveal one or more reasonable explanations for what happened.
Using an insanity plea
Some defense teams are able to prove that their client was temporarily insane while committing the crime. The attorneys may bring in psychiatrists to prove that the defendant showed signs of a severe mental illness during the commission of the crime. In a case of embezzling, the attorneys may try to prove that the employee was showing severe signs of mental and emotional distress and had sought medical treatment.
Embezzlement is a crime of theft and a violation of trust. The penalties vary from a misdemeanor to a felony and punishment of one to three years’ imprisonment.