What is Embezzlement?
Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.The “entrusting” is the major difference between embezzlement and other types of theft. In order to be convicted of embezzling property, it must be property that you legally possessed or had authority to access. A typical embezzling case involves a cashier taking money from the cash register. In that example, the cashier has been given authority to take care of the money in the cash register (the “entrusting” part) and if the cashier takes that money and intends to keep it without permission, then it is embezzlement.
How Can Fiumara & Milligan Help?
We can appear in court for you. In most cases, we can appear in court for you, so you don’t have to miss work, school, OR family. We will make all court appearances and call you that very same day to give you a report. The amount of time it takes to resolve a case depends on the circumstances, but on average it takes about 2 to 3 months to resolve a case. If you end up going to trial, it can take even more time. Keep in mind, each case is different and there is no one size fits all.
What are Potential Defenses?
There are many defenses to a charge of embezzlement. Whether a defense applies to your case depends on your facts. Some potential defenses are listed below, but keep in mind, they are only just a few for illustration. Give us a call today so we can review your case to determine what is the best strategy for you.
You were not the one who actually took the property. Often, particularly in supermarkets, a charge of embezzlement will be based on circumstantial evidence; meaning nobody actually saw the embezzlement happened, but the charge is based on indirect evidence. This can lead to the wrong conclusion and it is then up to us to show the court, district attorney, or jury that you did not commit the crime!
You had a reasonable belief the property was yours. If you had a reasonable belief that the property taken was yours, that is a complete defense. For example, your boss says everybody gets a free lunch at work on Tuesdays. You start taking $5 out of the cash register every Tuesday because you are bringing your own lunch. You even told the manager about this, but that information does not get to the owner of the business. The owner sees surveillance video of you taking $5 out of the till every Tuesday. Your belief that you could take the money instead of a free lunch is reasonable because you told your manager. That would be a defense to the crime of embezzlement because you had a reasonable belief you could take the money instead of lunch. You might have to pay the money back, but you did not have the criminal intent to commit a crime.
They have the wrong person! Often, embezzlement charges are based on accounting audits or reviews. If you did not take the property or money you need a good attorney to show the district attorney, the judge, and the jury that there is reasonable doubt that it was you!
What is the Fee?
In most cases we charge a flat fee for our criminal defense cases. We will have to meet with you either in person or by telephone for a ½ hour free consultation, to discuss your case and assess the potential defenses in your case in light of the facts. Our flat fee covers all appearances, motion work and more. There are no hidden fees and we will communicate with you at times.
Call Us Today at 707-571-8600 for IMMEDIATE HELP!