Law

Common Defenses To Embezzlement 

Embezzlement is a type of theft that happens by abusing someone’s trust or position of power in a company. An example of embezzlement may be transferring money from the business’ bank account into their own for personal use without informing the authorities. Keep reading at this link

If you are faced with embezzlement charges, you could receive serious penalties. These things leave a permanent mark on government records, which can later become problematic in various areas of life. However, an attorney in King Law in Syracuse, NY, can use some defenses to clear your name. 

Common defenses to embezzlement 

  • Denial. 

The most simple and obvious defense is denying the charges. If you did not steal money, you could simply defend yourself by saying that you did not commit such acts. However, you will still need to produce evidence supporting your claims. You need to show that you were not the one who stole the funds or that you used those funds for use in the business itself and not your personal expenses. 

  • Duress. 

Duress refers to when someone is forced to get involved in an illegal act by another person. However, you can only use duress as a defense if the person who forced you posed a threat to your or your loved one’s life. Keep in mind that you cannot use duress in a case where you use those funds for your own personal use. A successful duress defense may be if your life was in danger, or you could lose your job if you did not engage in the activity. 

  • Legitimate purpose. 

You can defend yourself against a NY embezzlement by proving that you used the funds for legitimate business purposes. Sometimes you may take money from the company to run an errand related to the company but forget to inform your employer. This can cause your employer to doubt you. Nevertheless, you can clear your name by showing that it was merely a misunderstanding of events. 

  • No intention. 

You can potentially clear your name by arguing that you did not have the intention of stealing in the first place. You could say that you were not sure who the property or money belonged to and took it thinking it was yours. However, this defense will only work in suitable circumstances. For example, you cannot say that you did not know who the money belonged to if you stole it straight from the cash register. 

  • Entrapment. 

Entrapment refers to when someone compels you to commit a crime that you would not commit otherwise. It may sound the same but differs from duress. The other party threatens you in duress, whereas entrapment has no scope for threat or danger. 

If you have been accused of stealing from your employer, you need legal assistance to protect your rights. Hire an attorney today. 

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