Facing embezzlement charges can be overwhelming, and it’s crucial to understand what you’re up against. Whether you’re accused of mishandling funds at work or misusing resources entrusted to you, knowing the elements that make up an embezzlement charge can help you prepare your defense.
This blog will break down these elements so you can determine what the prosecution needs to prove. Let’s dive in and help you navigate this challenging situation.
Is it embezzlement?
To prove the crime of embezzlement, the prosecution must establish the following specific elements:
- Trust or fiduciary relationship: An embezzlement charge begins with the existence of a fiduciary relationship between the accused and the organization or government agency. This implies a duty of trust and responsibility to manage or safeguard the funds on behalf of the owner.
- Possession through employment: The funds must have come into your care because of your job. Imagine being handed the keys to a company car or access to a financial account. It’s not yours, but you can use it because of your role at work.
- Fraudulent use: The prosecution must prove that you took the funds and used them for your own interests.
- Intent to deprive: Finally, the prosecution needs to demonstrate you intend to keep the funds from its rightful owner. This is about proving you meant to take something for your own benefit, knowing it wasn’t yours to take.
Understanding these elements is key to defending yourself against embezzlement charges. If you’re facing such accusations, seeking legal advice and building a strong defense is essential.
Defending against embezzlement charges
Knowing what the prosecution must prove gives you the power to challenge the claim against you. Consider talking to a defense attorney who can help you develop a defense and protect your rights as a defendant.
