If you have been arrested and charged with embezzlement, you naturally would want to know how to defend yourself. Every case is different, but in some cases, one of the following four defenses to embezzlement charges might be available to you:
- Duress. Criminal law often excuses the commission of a crime if the person who did it was forced by a reasonable belief they were in some form of danger. Examples of embezzlement under duress include your boss threatening to fire you if you do not participate or if someone threatens physical harm if you do not comply.
- Lack of intent. Many crimes, including embezzlement, must involve intent. In other words, the person charged with embezzling money they were entrusted with must have meant to do it. If the evidence shows they believed the money belonged to them or made some other mistake, they did not commit embezzlement.
- Incapacity. Lacking the mental capacity to commit a crime can be a defense to embezzlement. For example, a new prescription drug can make you confused and cause you to deposit a client’s funds into your personal account mistakenly. But this is only a valid defense when you did not voluntarily become drunk or high.
- Entrapment. When the police or other government agents induce someone into committing a crime so that police can arrest them, the arrested person may be able to claim entrapment.
Proving an affirmative defense can be challenging, but it may prevent you from going to prison on white-collar charges. Learn more about embezzlement cases by reading our previous post.