Embezzlement is one of the more common forms of white-collar crimes. While white-collar crimes do not contain a violent element, that doesn’t mean they aren’t serious. An embezzlement conviction in California can result in several years in prison. The length of the sentence increases according to the sum of money embezzled.
Nonetheless, being charged with embezzlement doesn’t mean you are automatically guilty. You have a right to raise a legal defense. Here are some potential defenses to embezzlement charges.
Lack of intent
Intent is a pivotal factor in most criminal charges, and this includes embezzlement. For embezzlement charges to stand, the accused must have intentionally defrauded the victim. A careless bank transfer, for example, may not amount to embezzlement. The accused must have knowingly or wilfully misused the funds.
The defense of duress
In some cases, duress and coercion can be raised as legal defenses. The accused may have had no choice but to embezzle funds. In these situations, something like “get the money or you’re in big trouble” would probably not suffice. The accused would have to show that they were under credible threat and undue pressure. For example, if a credible threat had been made to their life.
Mistaken identity
It is possible that the prosecution go after the wrong individual. For example, someone else may have transferred funds using your computer. The authorities should exercise caution before filing charges and investigate thoroughly.
Embezzlement charges are taken seriously because they involve someone who was in a position of trust. But remember, it is on the prosecution to establish guilt beyond all reasonable doubt. An innocent accounting error is not a criminal offense. Seek legal guidance to find out more about your options.
