Embezzlement is a serious crime that involves the misappropriation or illegal taking of property by someone in a position of trust or responsibility over those assets. However, a person accused of embezzling is not immediately guilty, even with evidence stacked against them.
This goes beyond the fundamental legal principle that everyone is innocent until proven guilty. In some cases, embezzlement can be the result of duress.
If someone forces, threatens or coerces you into stealing from your organization, duress is a potential legal defense. Below is some crucial information to help you navigate this specific situation.
What is considered duress in embezzlement cases?
Duress occurs when someone is forced or pressured to do something against their will because they are threatened. It can be a possible defense strategy in your case, but it must meet certain criteria:
- Immediate threat: You must have faced a threat of serious harm or death that was immediate and pressing. The threat should be such that anyone in the same situation would feel they had no choice but to act.
- Lack of alternatives: You must show that there were no reasonable means of escape or alternatives to committing the embezzlement.
- Proportionality: The harm avoided by complying with the threat must be greater than the harm caused by the embezzlement.
- Involuntary action: The defense must show that the accused did not voluntarily put themselves in a situation where they would be subject to duress.
For example, a criminal threatens to harm your family unless you transfer company funds. They also threaten harm if you call the police. Fearing for their safety, you comply and make the transfer.
What evidence can you present?
Duress is a somewhat rare but viable defense in embezzlement cases. However, you’ll need to show enough evidence to support your claim. Examples include:
- Threatening communications
- Witness testimonies
- Physical evidence of harm or intimidation
- Expert testimony
Additionally, you must show a need for a reasonable alternative. For instance, you might show that the threat was immediate and there was no time to seek help or other solutions.
Having an experienced lawyer is crucial
Duress can be a complex defense to assert because of the significant burden of proof. Nevertheless, it bears great potential in the right circumstances. An experienced criminal defense lawyer can help decide if this is the best path for your case and, most importantly, maximize your chances of a favorable outcome.