When charged with a serious crime such as embezzlement, you need an embezzlement defense attorney that will fight for you using an effective defensive strategy. There are several defenses available that could result in a dismissal or reduction of your embezzlement charge. Here are some successful defenses that our lawyers at Hampton Law Group can raise on your behalf:
Lack of intent
An intent to deprive the owner of property, even temporarily, is enough to find you guilty of embezzlement. However, your attorney can argue that you did not have the specific intent to deprive the owner of the property or convert it to your own use.
For example: Your friend lets you borrow his car. Without his permission, you have the car re-painted as a gesture of kindness and with the intent to benefit your friend. In this scenario, you did not take the property with the specific intent to convert it to your own use. If successful, this defense negates the intent required for the crime of embezzlement and will likely result in a dismissal of the charges against you.
Good faith belief
A good faith belief that you were acting with the owner’s authorization to use the property in the manner you did is a defense to a charge of embezzlement. In deciding whether or not you had a good faith belief, the court will consider all the facts known to you at the time you obtained the property. Since you can have a good faith belief even if that belief is mistaken or unreasonable, your attorney can make a strong case for your innocence. However, if you are found to be aware of facts that made that belief completely unreasonable, this defense will likely not succeed.
Your attorney can also argue that the embezzlement charges brought against you are based upon false accusations and misleading or inaccurate evidence. In some cases, the alleged victim can falsely accuse you of embezzlement because they are motivated by anger or revenge. In other cases, the victim is mistaken about who actually took the property or that it was even taken at all. An experienced embezzlement attorney can show the judge and jury that the charges brought against you should be dismissed.