Falsely Accused of Embezzling? 4 Defenses you can use

David Galvan

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Although being accused of embezzling is serious, there are a couple of fool-proof defenses that you can use. This guide runs through some of the most popular, like the absence of intent to commit a crime, duress, and entrapment. Read ahead if you want to know what the rest are. 

Being Under Duress

Duress is one of the most popular defenses around. With it, you can say that you were at risk if you did not successfully embezzle the cash. 

At the end of the day, acting under duress pins your crime on the person that was forcing you to break the law. 

Entrapment 

Entrapment is a lot like duress, but instead of an individual making you take the money, it was the government. They probably were pressuring you to make a payment for something, which forced you into embezzling the cash. 

Absence of Intent to Commit a Crime: 

First up, the absence of intent. You can say that the fund transfer happened because of a misunderstanding. Successfully implementing the defense can be hard. You’ll need an experienced lawyer if you want to pull it off. Working with a reputable firm like Mass Tsang Law Firm will be advantageous.

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Incapacity

Although you can’t use physical incapacitation as an excuse, you can use mental incapacitation. All you need to do is say that you were on medication and that it affected your judgment, resulting in embezzlement. Now, this defense can work. But if you were taking the intoxicants voluntarily, proving it can be tough. 

What are the Punishments for Being Found Guilty of Embezzling?

The punishment depends on the amount that you have embezzled, and whether you have previously been found guilty of the charge.

If it is your first-time embezzling, and the funds that were transferred were less than $250, you will face up to 6 months in jail, 2 and a half years in prison, as well as having to pay of around $600 maximum as a penalty. 

If you embezzled more than $250, you could face up to 30 months in prison and pay a $600 fine. 

On the other hand, you will be incarcerated for over 15 years if you embezzled between $60,000-250,000. And you would have to pay a large penalty of around $25,000. Failure to make the penalty can cause you to be incarcerated for longer. 

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Final Thoughts

Considering all of the points that were discussed, there are many defenses that you can use to save you from the embezzling charge. One of the most popular is duress; you could blame someone else for threatening to put you in danger until you transferred the funds. Also, you can go with incapacity. You would say that you were on medications that clouded your judgment. 

Of course, make sure that you hire a good lawyer too. This increases the chances of you being able to win your case. Go with a more reputable law firm, as you don’t want to risk things. We recommend a personal favorite in the section earlier. 

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