Embezzlement occurs when a person illegally takes of property or assets that has been entrusted to that person's care. Usually, embezzlement involves the taking of money. One example of embezzlement is when an employee entrusted with their employer's money takes it for the their own personal use. Embezzlement is a type of white collar crime.
In order to be charged with embezzlement, four elements must exist:
The consequences resulting from a criminal embezzlement can be varied depending on the severity of the crime and whether it qualifies as a felony or misdemeanor charge. The following are some of the possible consequences of a criminal conviction:
The likelihood of the consequences listed above will depend on several factors, including:
Embezzlement is a crime, so all the defenses available for other crimes can be used. Common defenses include:
The return of embezzled money or property does not release an accused from criminal liability. The crime of embezzlement is complete at the time the property or money is converted into the accused possession and ownership.
If you are a victim of embezzlement, you should call the police. If there is sufficient evidence, the police will then forward your case to the district attorney's office to prosecute the person who committed the embezzlement against you.
If you are accused of embezzlement, you should speak to a criminal defense attorney with experience in white collar crime. An attorney can help you learn more about your rights, your defenses and the complicated legal system.
Last Modified: 07-08-2018 09:25 PM PDTLaw Library Disclaimer
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