When money is entrusted to you for a particular purpose, you are not allowed to deprive the owner of that money of the ability to use it. For example, if you are given money with which to purchase a product on behalf of a business, you may be accused of theft if you use the funds for an unauthorized purpose.
Criminal Penalties
There are many criminal penalties that can come from embezzlement based on how much was stolen. You may face a felony or a misdemeanor depending on the state in which you reside and the exact amount that was stolen.
Arguments Against Embezzlement
The actions you take will only be considered embezzlement if you are going against the wishes of the individual from who you embezzled money. Otherwise, you may argue that you were using the funds in the manner in which the victim intended them to be used.
To be considered embezzlement and not simply theft, you must have established a relationship of trust. Otherwise, the incident might instead be classified as a theft. The owner must have entrusted their property with you because they had a reason to trust you. You must then have used the property improperly and take actions that would deprive the owner of their property.
This type of embezzlement most often occurs because the defendant is an employee of the individual from whom the money was embezzled. However, you may argue that you do not have this relationship or you may argue that you did not intend to deprive the plaintiff of their property. For example, you might have simply found the money and intended to return it to the owner.
Embezzlement is a Serious Crime
It is essential to beat the embezzlement charge so you can avoid the consequences. Otherwise, you might have your career destroyed. A criminal law expert will explain your legal options and will help you craft a solid case. A criminal lawyer will also argue for you in court.
This is especially true if there are aggravating factors such as the fact that you stole millions of dollars. This could lead to an additional four years being added to your sentence. If you lacked an intent to defraud, there is no reason for you to face charges for your crime. Your attorney will argue as to why you were actually acting in good faith and are not a criminal.
