Embezzlement is a white-collar crime that impacts your livelihood, reputation, and freedom. It opens you to prosecution as criminal or civil fraud. Eric Thole, attorney at law, highlights embezzlement can happen in almost any business situation.
It is brought mainly against employees resulting in punitive fines and possible imprisonment, often punished to the full extent of the law. When facing embezzlement charges, Eric Thole advises learning ways your lawyer can protect your rights and get the charges reduced, dropped, or dismissed.
8 Defense Strategies You Can Use To Fight Your Embezzlement Charges
1) Insufficient Evidence
More than 40% of embezzlement charges get dropped due to insufficient evidence. If your case lacks a proper paper trail, your lawyer uses it as a Defense Strategy. But it works only if the jury finds you innocent beyond a reasonable doubt or the investigators fail to put together a clear case.
2) Duress
It is a defense strategy that only works in scenarios where you had a risk of significant loss unless you embezzled the funds, like losing your job.
3) Absence of Intent
Eric Thole advises using the strategy when the intent of crime is not clear. Your lawyer can show that you thought you were the actual owner of the property you allegedly embezzled, highlighting the absence of intent to commit embezzlement.
4) Entrapment
It is a situation when the government coerces you into embezzling funds that you would not have taken of your free will.Eric Thole, however, states it as a tricky defense strategy. Your prosecution will fight it to show the court you were likely to commit the crime regardless of the pressure.
5) Plea of Nolo Contendere
It is a defense strategy wherein your lawyer enters your plea with court permission of being neither guilty nor innocent. It leaves things to the court to determine the truth by examining the evidence presented by the defense.
6) Incapacity or Insanity
Eric Thole, attorney at law, states that it is easier to prove incapacity than insanity in court as a defense strategy. If your lawyer can prove that at the time of embezzlement occurred, you were mentally incapacitated, like heavily medicated, etc., they can ask the court to drop or reduce charges.
7) Expiration of Limitation Period
Every crime has a timeframe to start proceedings. Your lawyer can use the strategy if the prosecution fails to initiate proceedings within the period of limitation.
8) Repayment
Repayment is a defense strategy your lawyer can use when the prosecution has the upper hand in the case. In it, if you repay your embezzled funds, your lawyer can appeal for a reduction in sentencing, depending on the length and severity of your case. However, it does not recluse you from embezzlement charges.
Conclusion
Bottom line, Eric Thole, attorney at law,advises not to fight embezzlement charges alone. It is a charge that can have grave implications on your life. Hire an experienced lawyer to get appropriate guidance on the best legal course of action.
