Recovering Your Reputation

White collar crimes can easily ruin your professional life if you aren't careful. For example, few companies would be willing to hire a person convicted of embezzlement. That's why it's in your best interest to fight such charges to your last breath. Here are three possible defenses you can use against embezzlement accusations:

Duress

By asserting duress, you are claiming that you believed that you would be in danger if you failed to commit the alleged crime. This is an affirmative defense, meaning you are agreeing to have committed the crime, but only to avoid a greater evil that would have befallen you otherwise. A good example is if your boss pressured you into hiding company funds in an offshore account, and promised to fire you if you did not cooperate. In this case, the loss of your job is the harm that forced you to commit the fraud; prove that and you might just win the embezzlement charges.

Insufficient Evidence

This is a fancy way of saying that the prosecution can't prove that you committed the crimes with which you have been charged. When it comes to criminal charges, everything all boils down to what each side can prove; mere allegations won't cut it either for the prosecutor or for the defendant.

This defense is viable because, in embezzlement, it is the prosecutor's duty to prove beyond reasonable doubt that you are guilty of the crimes you are facing. Obviously, this defense works best if there is no evidence of your crime. However, it can also work if the evidence against you was illegally obtained, for example, if the evidence if a confession that was coerced out of you.

Absence of Intent

In this case, you are also acquiescing to the alleged act, but just because you did not know that it was embezzlement (or that it was illegal). Here, you aren't disputing the act, but rather the intention of your actions. Consider a personal assistant mistakenly uses their company's card to settle a personal account instead of using their personal card. If the personal assistant can prove that it was an honest mistake, and they actually had a similar card that they intended to use, then they may be able to escape the embezzlement charges.

All these are possible defenses, but they will only work if you can prove them. It's nobody's wish to face embezzlement or any kind of criminal charges for that matter. However, if you ever find yourself facing such accusations, consult a criminal defense lawyer like Melanie Hammer Esq to help you with a viable defense.