What is Embezzlement?
Embezzlement occurs when a person illegally takes property or assets (usually money) that have been entrusted to his or her care. Embezzlement is a type of white collar crime. An example of embezzlement would be when an employee takes his or her employer’s money for his or her own personal use.
What are the consequences of an Embezzlement conviction?
The potential punishments for embezzlement may include imprisonment, probation, parole, fines, and loss of occupational or professional licensing. The degree of punishment may be influenced by the severity of the crime.
Punishment will depend on several factors, including the extent of money or property that was embezzled, whether there was harm to the person from whom the money or property was embezzled, and prior convictions.
What are some defenses to an Embezzlement charge?
Common defenses for a charge of embezzlement include the absence of intent to commit a crime, duress (being forced to commit the crime), or insufficient evidence to prosecute.
Embezzlement is a crime of specific intent, and requires intent to permanently deprive the owner of his or her property. Possible areas for dispute concern intent to return the item, or the possibility that the accused thought he or she was the true owner of the money or property they were accused of embezzling.
Criminals often force others to perform illegal activities by threatening to harm them or their loved ones, or threatening loss of employment. In this situation, duress may be a suitable defense, as there is the threat of danger or harm if they do not participate in the crime.
A criminal charge can also be dismissed if there is insufficient evidence to prosecute.
Even if the accused returns the embezzled money or property, this does not release them from criminal liability. The crime of embezzlement is committed at the time the property or money comes into possession or ownership of the accused.
Contacting a criminal defense lawyer in Los Angeles
If you are accused of embezzlement, you should contact Ken Behzadi immediately to learn more about your rights, your defenses, and the legal system process.