If you have been charged with a white-collar crime then you need a criminal defense attorney. This is not a situation that you want to simply handle yourself. It is not a situation where you want to wait and see. Keep reading to find out some of the most common defense options that could help you against a charge of embezzlement, then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
The Sooner You Contact an Attorney the Better Your Outcome May Be
When you contact a criminal defense attorney before you are formally charged, they may be able to work directly with the victim and resolve the case with a settlement that does not involve a court of any kind. If you have already been arrested and charged, then we will look at the evidence the prosecution has and consider if there is additional evidence of your criminal intent. Then one of the following defense methods may be used.
There is Not Enough Evidence
First and foremost, we will look to see if there is a lack of evidence. The records show that two out of every five federal embezzlement charges are dropped due to a lack of evidence. Even if it seems that there is a wealth of evidence against you, we may able to prove to a judge that it was handled incorrectly or unlawfully obtained. If we are successful, then the judge will deem the evidence inadmissible, and the charges against you could be dropped.
You Had No Criminal Intent
Not only must the prosecution prove that you committed the act they consider embezzlement, but they must also prove that you had the intent to commit a crime. For example, if a person stole money from a company, but their boss knew they were taking the items or funds, then that person would not be guilty of embezzlement. If you believed you were taking funds or products with the full consent of management, then you are not guilty of embezzlement.
Defense of Duress
If a person was involved in embezzlement because they believed that if they did not engage in it, they would be in danger or would experience some type of harm, then defense of duress may apply. For example, if the person charged was afraid they would lose their job if they did not follow their supervisor’s insistence on the actions in question, then this defense may work.
Call for Help Finding the Best Defense for Your Charge of Embezzlement
If you are charged with embezzlement, then we strongly urge you to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. We can listen to your side of the story, consider the charges against you, and determine which defense options may work for you. Call us today to get started.