Embezzlement is a complex crime that can be charged in various ways. For prosecutors to build a case against an alleged offender, they must demonstrate that the individual committed each of the key elements of the crime.
Proving Embezzlement Allegations
There are generally three types of embezzlement: theft of money, theft of property, and theft of services. To be convicted of embezzlement, the prosecutor must prove that the defendant unlawfully took possession of the property or service in question. They must also show that the defendant did so with the intent to deprive the rightful owner of their use or enjoyment of the property.
The third element is perhaps the most important, as it is what separates embezzlement from simply taking something without permission. For prosecutors to demonstrate this element, they must show that the defendant had a fiduciary relationship with the victim. This means they were responsible for safeguarding the victim's property or money.
If all of these elements are present, the prosecutor can build a strong case against the defendant. However, if one of them is missing, the case may be more difficult to prove. As such, it is important for defendants to understand all of the elements of embezzlement and how they can be used against them in court. With this knowledge, they can better defend themselves.
Defending Embezzlement Charges
There are a few defenses that defendants can use against embezzlement charges. One is that they did not intend to deprive the rightful owner of their property or money. Another is that they did not take possession of the property in question. Finally, defendants can also argue that they did not have a fiduciary relationship with the victim. If any of these defenses can be proven, it may be enough to get the charges against the defendant dropped or reduced.
Understanding the key elements of embezzlement is essential for anyone accused of this crime. With this knowledge, defendants can better defend themselves against the charges and ensure that they are treated fairly by the justice system.
Facing Embezzlement Charges?
Embezzlement charges are extremely severe and can lead to devastating consequences. Let the embezzlement attorneys at Nick Lotito & Seth Kirschenbaum work your case if you are facing this allegation. Our experienced team will work hard to get you the best possible outcome.
Reach out to Nick Lotito & Seth Kirschenbaum online or by phone so we can get started. (404) 471-3177