Embezzlement is defined as a white collar crime in which some form of financial fraud takes place. Typically, this means that when business funds are put under the control of a person and they are then misused for another purpose, the crime of embezzlement has been committed.
Because embezzlement cases can be complicated and involve a significant amount of financial forensic discovery, if you are charged with this type of crime, you will want to make sure you are represented by the best possible and most experienced embezzlement lawyer.
Depending on your situation, there are many possible defenses against a charge of embezzlement. They can include:
Entrapment. This is a defense strategy for many types of crimes in which the government compels an otherwise innocent person to commit a crime that they would not have done so otherwise. The government will usually counter with the argument that you were going to commit the crime anyway.
Insufficient evidence. Prosecutors must have enough solid evidence to prove that you committed a crime. Otherwise you can raise the defense centered around reasonable doubt. Because evidence can be difficult to produce and uncover, this is an often used defense strategy.
Under duress. If you genuinely believe that some form of harm would come to you or that you would be in danger if you did not commit or participate in an embezzlement scheme, then you may be able to use this strategy. Duress defenses do not work for the most part when they involve protecting a family member, such as taking money to pay for debts, gambling losses or drug and alcohol addiction.
Insanity or incapacity. Mental illness claims can be difficult to prove as a means of having charges dismissed, especially when it comes to an insanity plea. Incapacity defenses may make sense if you can prove that you were not in control of your senses, perhaps due to drugs or medications, and you made a mistake in the handling of money.
Dwane Cates Law Group proudly serves clients in Phoenix, Tempe, Glendale, Scottsdale, Mesa and surrounding Arizona communities.