What Is Embezzlement?September 12, 2017
Under Pennsylvania law, embezzlement is one type of financial fraud that involves the unauthorized taking or use of another person’s property or money with the intent of depriving that person on either a temporary or permanent basis. Many crimes involving financial fraud and embezzlement are prosecuted in federal court.
If you have been charged with embezzlement in the Commonwealth of Pennsylvania, you need skilled and knowledgeable legal representation on your side throughout your entire case. Attorney Brian J. Zeiger has made his career defending individuals who have been charged with committing serious crimes.
Attorney Zeiger can discuss the facts and circumstances of your case with you and can make sure that all of your legal rights are safeguarded while your criminal case is pending. Attorney Zeiger may also be able to assist you with formulating legal defenses to your criminal charge and can represent you at your trial date.
Burden of Proof in an Embezzlement Case
In an embezzlement case, the prosecution has the burden of proof “beyond a reasonable doubt.” In order for the prosecution to prove its case, it must show that the defendant intentionally spent, used, or took certain property that was entrusted to him by an employer and that the defendant did so without the employer’s permission or consent.
The penalties associated with a crime of embezzlement are typically based upon the following:
- The value of the property which the defendant took or misappropriated
- The amount or quantity of the property which the defendant took or misappropriated
Defenses to an Embezzlement Charge
Every criminal charge has one or more legal defenses associated with it. If your lawyer is able to successfully assert a criminal defense on your behalf, your criminal charges may be dismissed. Alternatively, you may be able to work out a successful plea deal with the prosecution.
If you have been charged with embezzlement or some other form of financial fraud, you may be able to assert one or more of the following legal defenses to your charge:
- Good faith belief that you were entitled to possess the subject money or property—or that you, in fact, owned the subject money or property
- Employer consent to your use or possession of the subject money or property
- Employer or supervisor entrustment of the subject money or property to you
Contact a Philadelphia, Pennsylvania Criminal Defense Attorney Today to Discuss Your Case
Embezzlement and other forms of financial fraud are penalized harshly in Pennsylvania, and time may be of the essence in your case. If you have been charged with a crime of fraud or embezzlement, it is important that you not speak to the police or investigators until after you have spoken with a knowledgeable criminal defense attorney about your case. Attorney Brian J. Zeiger can safeguard your legal rights and assemble the necessary legal defenses to help you be successful in your case.
To schedule a free consultation and case evaluation with a Philadelphia, Pennsylvania criminal defense lawyer, please call us or contact us online.