There are several forms of embezzlement charges that can threaten your freedom. Likewise, there are a number of defenses that the criminal defense attorneys with Mary E. Conn & Associates can utilize to help protect your future.
You can call on an experienced embezzlement criminal defense attorney to challenge the recent charges brought against you. Our team will meet with you to discuss the circumstances that led to your recent arrest before formulating a response to the prosecution. Call us now at (713) 357-4190 to learn more about how our team can help.
Types of Embezzlement Charges
You may face one of several unique embezzlement charges if government representatives suspect that you’ve inaccurately reported your financial standing. The most common embezzlement charges faced by business owners today can include the following:
- Payroll embezzlement
- Siphoning
- Falsifying records
- Charity embezzlement
- Check kiting
- Lapping
- Ponzi or MLM schemes
These charges can vary in severity depending on any other accusations brought against you, the size of your business, and the injuries allegedly done to impacted parties. If you face any of these accusations, you can work with a criminal defense attorney to determine how severe the consequences of an unchallenged charge may become.
Defending Against Embezzlement Charges
Our criminal defense attorneys always recommend that you explore the defenses available to you in the face of unfounded criminal charges. Submitting a “not guilty” plea allows you the opportunity to protect your future, your reputation, and your freedom.
The defenses that our team can use to protect you from wrongful embezzlement charges can include the following:
Proving Where the Money Went
The act of embezzlement suggests that you’ve wrongfully relocated money affiliated with your business. One of the simplest ways to counter these charges is to disclose where the missing money went. You can work with a criminal defense attorney to submit proof of the money’s appropriate location to a judge and jury.
You may also need to prove that while you did relocate business funds, you did so with the business’s growth in mind. If you can prove you used your business’s money for an authorized purpose, you may see the embezzlement charges brought against you dropped.
That said, you have an obligation to prove that you not only used your business funds for reasonable business growth but that said funds did not, in any way, benefit you personally.
Insufficient Evidence
You may also have the opportunity to argue that the parties accusing you of embezzling business funds do not have the evidence they need to prove that you embezzled. The prosecution in an embezzlement case must prove beyond a reasonable doubt that you used a business’s funds for wrongful means.
A prosecutor who can’t prove conclusively that you embezzled cannot see you held liable for a crime they can’t prove occurred. You may similarly argue insufficient evidence or inappropriate police conduct if the parties accusing you of embezzlement wrongfully violated your rights.
Police officers, for example, must have a warrant to inspect your property or take possession of your belongings. Officers who act without a warrant or otherwise violate your rights may invalidate the evidence they found while acting outside of the law.
Duress or Coercion
There is a chance that you did embezzle business funds, but you did so while under duress or being coerced by a third party. If you can prove that you believed harm would befall you or the people you care about and had to embezzle to protect them, a judge may reduce the consequences brought against you.
Unfortunately, arguing that you embezzled under duress or while coerced can prove challenging. If, for example, you allegedly embezzled from a family business, this defense may suggest that you wanted to protect your family by doing financial harm to your family. You can work with an attorney to determine whether or not a defense of duress can positively contribute to your case.
Criminal Defense Attorneys Can Help You Fight Back Against Embezzlement Charges
If you find yourself facing an embezzlement charge, don’t panic. You can work with an experienced criminal defense attorney to assess your circumstances before moving your case forward. Our legal guidance can help protect your freedoms in and out of criminal court.
If you’re ready to secure private representation in your upcoming embezzlement case, call us at (713) 357-4190 or complete our contact form. Mary E. Conn & Associates stands ready to provide you with the criminal defense representation you deserve.