Defenses to Embezzlement

Authored by , LegalMatch Legal Writer and Attorney at Law

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What Is Embezzlement?

Embezzlement is a type of financial fraud, characterized as a type of white collar crime. Embezzlement occurs when assets, which are entrusted into a person’s care, are misappropriated by that person and used for another purpose. Embezzlement is a crime that can result in financial fines or imprisonment.

What Are Common Defenses to Embezzlement?

Embezzlement is a crime, so all the defenses available for other crimes can be used. Common defenses include:

What If I Repay or Return What I Embezzled

You might get a lesser sentence because of it, however, this completely depends on the extent of your embezzlement, how much harm it caused, and the manner in which you repaid it.

What If I Honestly Did Not Know It Was Embezzlement?

This may or may not be a possible defense. Ignorance of the law is never a defense. However, if you embezzled funds because you reasonably thought you were entitled to them, this might be a defense. This is a fine line to draw, and your attorney will be able to decide how to handle the situation.

Should I Consult an Attorney for Embezzlement?

If you have been accused or charged with embezzlement, you should seek the advice from a criminal defense attorney. An embezzlement conviction can carry severe financial penalties and possible imprisonment. A criminal defense attorney with experience in white collar crime can help evaluate your case and determine any appropriate defenses.

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Last Modified: 02-18-2014 03:17 PM PST

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