Embezzlement is a serious crime that involves the misappropriation of funds entrusted to someone. If convicted, individuals facing embezzlement charges may experience harsh penalties.
Fortunately, various legal defenses can challenge embezzlement charges and result in a more favorable outcome.
Lack of intent
One possible embezzlement defense is lack of intent. If the accused can demonstrate that they did not knowingly misappropriate funds, it may serve as a strong defense. Establishing a lack of intent requires a careful examination of the criminal charges, emphasizing any misunderstandings or mistakes.
Good faith belief
Claiming a good faith belief is another defense strategy. This defense argues that the accused genuinely believed they had the right to use the funds in the manner they did. This could arise from misunderstandings, ambiguous instructions or a mistaken belief in the legitimacy of their actions.
Lack of conversion
A lack of conversion defense requires proving that the accused did not use the funds for personal gain, even if they had access to the funds. Providing evidence that the individual used the money for its intended purpose can strengthen this defense.
Duress or coercion
In some cases, individuals accused of embezzlement may claim they acted under duress. This defense suggests that the accused engaged in the crime due to external pressures or threats. Proving duress or coercion requires presenting credible evidence of the circumstances that forced the accused into committing the act.
Insufficient evidence
Challenging the sufficiency of the evidence is another common defense strategy. This defense involves highlighting any weaknesses or inconsistencies in the prosecution’s case. If the prosecution fails to present convincing evidence, it may create reasonable doubt.
According to the Office of Justice Programs, 6,200 Americans aged 25 or older faced arrest for embezzlement charges in 2020. For these individuals, the right legal defense can have a huge impact on the rest of their lives.