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Embezzlement Charges: When to Worry, When not to Worry

The first thing we want to say here is that you should always take criminal charges seriously. In other words, you should always worry when facing any kind of severe criminal charges. However, when dealing with white collar crimes like embezzlement, cooler heads will typically win the day, especially with the support of a solid defense team.

In the simplest terms possible, embezzlement means the fraudulent appropriation of funds or property entrusted to a person or entity's care but actually owned by another person or entity. It is essentially theft, and it can carry quite serious consequences if convicted. As with all crimes, an embezzlement conviction cannot occur simply on the word of the alleged victim; rather the charges must be proven and must meet a specific set of criteria. It is the prosecution's job to make sure a case meets this criteria before a conviction can occur.

-- The defendant's alleged criminal actions must have occurred intentionally-- The alleged victim and defendant must be participants in a fiduciary relationship-- The alleged defendant must have assumed possession of the property or given the property to another person-- The alleged defendant had to have gotten the property due to the relationship with the alleged victim

If the prosecution cannot prove these four elements, there is less reason to worry, although defendants should still take steps to create a solid defense. These factors apply to embezzlement charges involving both long-term siphoning of funds a little at a time and sudden seizure of large amounts of property.

As far as worrying or not worrying, we advise defendants to worry and acquire legal representation immediately. There is always time to relax once your name and reputation are cleared. To learn if you need to be concerned about potential embezzlement charges in Wilson or nearby areas, take a few moments to browse our web page on building a defense against charges of white collar crimes.

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