Strategies in Fighting Against Embezzlement Charges

By Brock Benjamin
Founding Attorney

If you have been accused of embezzlement, you need a lawyer to help you develop an effective legal strategy to beat the charges. At Benjamin Law Firm, we will safeguard your rights and build a robust defense against embezzlement charges. Our criminal defense attorneys have a well-earned reputation for providing comprehensive and aggressive representation, and we want to provide you with the same diligent legal services. 

Challenging the Elements of Embezzlement 

Embezzlement is a form of theft that typically occurs when someone takes money entrusted to them by another to manage or hold. Specifically, someone commits an offense of embezzlement when they unlawfully appropriate property and mean to deprive the owner of that property. 

“Appropriation” occurs when the property is taken without the owner’s consent or if the property is stolen, and someone takes it knowing it was stolen property. Embezzlement often occurs in the employment context when an employee with access to their employer’s money steals funds. 

If you have been accused of embezzlement, you need a knowledgeable criminal defense attorney with experience defending against embezzlement charges. Your attorney will analyze your case’s alleged facts and circumstances and craft a strong defense. To challenge the elements of an embezzlement charge, your attorney may raise certain defenses, including: 

  • Mistaken belief – One defense to embezzlement charges is establishing that you genuinely believed you had the right to the property you are accused of taking. In other words, you thought you had permission to have the property or funds you took. 
  • Lack of intent – If the evidence shows that you were not planning to take permanent ownership of the property in your possession, you may be able to defeat embezzlement charges based on a lack of intent. 
  • Insufficient evidence – The embezzlement charges may be dismissed, or you could be acquitted if the prosecutor fails to establish the elements of embezzlement. For example, if they cannot prove intent, or if they cannot show that you actually took the funds, they fail to meet their burden of proof.   
  • Insufficient access – If the evidence shows that you did not have access to the property, your attorney may successfully defend against the embezzlement charges on this basis. 
  • Inadvertent error – If the embezzlement charges arise in the employment context, your attorney may be able to defeat them if they can prove that the allegedly embezzled funds were in your possession due to an accounting error. 

Investigating the Allegations: Identifying Weaknesses in the Case

Identifying weaknesses in the prosecution’s case is critical to having the embezzlement charges against you dismissed. At Benjamin Law, we will thoroughly investigate the circumstances of your case as we build your defense. We may challenge the evidence presented by the prosecution by pointing out inconsistencies in the records or by attacking the chain of custody of the purported evidence. 

Identifying procedural errors is another means of exposing the weaknesses in the prosecutor’s case. If any procedural violations occurred during the investigation or your arrest for embezzlement, we will bring those errors to light and attempt to exclude tainted evidence or have the charges dismissed. 

Finally, we will evaluate whether there are alternative explanations for the alleged misappropriation, such as accounting errors, mistakes, or misunderstandings. 

Gathering and Preserving Evidence for Your Defense

The importance of properly gathering and preserving evidence in support of your defense when facing criminal charges cannot be overstated. An experienced criminal lawyer will carefully review documents to mine any relevant data that can be used to establish your defenses. They will interview available witnesses and seek to understand your intent (or lack thereof) concerning the property or funds at issue. 

Preserving such evidence is paramount in criminal cases to ensure your rights are protected throughout the legal process, from the initial charges through any appeals.  

Contact an El Paso Criminal Defense Attorney

With a white-collar crime criminal defense attorney from Benjamin Law Firm on your side, you can rest assured that we will leave no stone unturned as we explore effective strategies as we craft your legal defense. We specialize in criminal defense. We know how to determine the appropriate legal tactics, evaluate evidence, and develop your strongest defense against embezzlement charges. 

Don’t try to handle your embezzlement charges alone. Contact us today to help you confidently navigate the complexities of the criminal justice system. 

About the Author
Brock Benjamin is board-certified in Criminal Law by the Texas Board of Legal Specialization.  His practice is primarily state and federal criminal law and appeals.Brock 

Posted in: White Collar Crimes