The consequences of an embezzlement charge can be severe, from fines to imprisonment and even damage to your reputation and relationships. But before you can start building a defense, you must first understand the charges against you.
What does the prosecution need to prove to convict you of embezzlement? In this blog, we will explain the elements of an embezzlement charge to help you understand what you’re up against.
Proving the crime of embezzlement
Embezzlement is a white collar crime in which someone steals money or other assets for which they are responsible. This crime differs from regular theft because the person was originally trusted to handle the item or money. To prove this crime, the prosecution must demonstrate that the following elements are true:
- Trust: An organization or an individual entrusted the accused with property or money. For example, an accountant stole funds from his company, transferring funds from the organization’s account to his personal account.
- Access: They got access to the property or money because of their job or position.
- Misuse: They used the property or money for their own benefit rather than its intended purpose.
- Intent: They acted with intent to take the property or money for themselves and deprive the original owner of their use.
The intent to deprive the owner of the stolen asset makes embezzlement a unique crime. However, those facing this charge must remember that the intent required to violate the law is not the same as the intent to deprive another of their property permanently. This means that even if the defendant says they intend to return the stolen funds, they still committed an illegal act.
A strong defense starts with knowledge
Now that you have a better understanding of the elements of an embezzlement charge, you can begin to build a strong defense. Remember, the prosecution’s job is to prove your guilt beyond a reasonable doubt. With the help of an experienced attorney, you may create a compelling case for your innocence.
