Understanding Embezzlement Charges

Being accused of embezzlement is one of the most serious charges a person could face. The first step to effectively defend yourself against any accusation is understanding it. Embezzlement is defined as the purposeful misappropriation of funds or property entrusted to one’s care. In other words, it is a financial crime defined by the misuse of funds for personal gain. 

Unlike other forms of theft, where the perpetrator steals property without having any right to it, embezzlement implies that the perpetrator has temporary legal access to what was stolen or misplaced. There are many forms of embezzlement as well, such as:

  • Employee Theft: an employee tweaking account records to steal their employer’s funds
  • Corporate Theft: An executive manipulating company funds into their accounts
  • Government Corruption: Government employees mishandling funds for personal use

For more information on what constitutes embezzlement, the United States Department of Justice has online archives that explain the topic in legal detail.

Defending against an embezzlement charge without help is stressful and overwhelming. Fighting against this charge can be a complicated and tedious process. Most people consider hiring a criminal defense attorney to help build a good defense against the accusation. The Law Offices of Kevin Trombold have experienced defense lawyers who work thoroughly to get you the help you deserve. Call The Law Offices of Kevin Trombold today at 206-590-7667 to schedule a free consultation.

Legal Defense Strategies

A few commonly used strategies can prove the accused’s innocence when defending against an embezzlement charge. The first strategy is to claim a lack of intent on the defendant’s part, which plays an essential role in embezzlement cases. To successfully use this strategy, the defendant must prove that there was never any intent to deprive the owner of their rightful property permanently. If the defendant can show that the action taken was accidental or by mistake, it could make a solid case for the defendant.

Another common strategy is to argue that there is a lack of evidence for the charge to be valid. This challenges the evidence the prosecution presents and involves questioning the authenticity of financial records, witness testimonies, or any other piece of evidence used against the defendant. This might reveal inconsistencies in the accusation, leading to reasonable doubt in the defendant’s favor.

An alternative strategy is to argue that there was no substantial fiduciary relationship for an embezzlement charge to be legitimate. For the prosecution to successfully charge the defendant with the charge, they must prove or somehow show the existence of a financial relationship between the owner and the accused. If this critical link cannot be found or if the prosecution does not have sufficient evidence, it could work to prove the innocence of the accused.

Sometimes, the defendant’s best action is to consider a plea bargain. Negotiating a plea bargain involves the defendant pleading guilty to lesser charges or accepting a shorter sentence to avoid a trial and potentially harsher consequences. This could offer a sense of certainty and control over a case’s outcome. Whichever strategy the defendant decides to utilize, it’s always helpful to understand the potential impact the charge could have on their life.

Legal Ramifications and Consequences

Aside from the stress and effort of defending oneself from such a devastating accusation, embezzlement charges can heavily impact the accused’s personal and professional life. Those accused of embezzlement can see their reputation damaged and face other consequences, such as loss of employment or strained personal relationships, not to mention the effects on the person’s career, which can affect their livelihood and mental health.

If the defendant is found guilty, it could have more than short-term consequences. They could face imprisonment, be heavily fined, and pay restitution to the owner. Additionally, it will become a part of the accused’s criminal record. This can impact the defendant’s long-term financial decisions (such as the ability to get a loan successfully) and make it difficult to rebuild their reputation. A loss of employment can also impact the accused’s income in the future if they cannot get a job, causing significant emotional distress and hardship.

An embezzlement charge can be life-altering, which is why it’s best to take proactive steps to ensure you have the best defense possible. Those charged with embezzlement should seriously consider seeking professional legal assistance to help them understand their situation better and move forward intelligently.

An Experienced Attorney

Defending against an accusation as severe as embezzlement alone can be daunting. There are many legal proceedings to address, and forming a solid defense strategy can be complicated. Attorneys experienced in criminal defense offer a wealth of expertise to those who need it. Defense attorneys are equipped with tools to understand the nuances of complex defense strategies and often know how to deal with obstacles that might arise in these situations. Additionally, a defense attorney will represent the accused during trial proceedings, which is crucial for any case. A defense attorney will offer insight that otherwise might have been missed and can handle demanding moments with professionalism. Be sure to seek quality legal representation. At The Law Offices of Kevin Trombold, we want to hear your case and help you get the outcome you desire. Call us today for a free consultation at 206-590-7667 or visit our website to schedule an appointment.