CAN EMBEZZLEMENT HAPPEN BY ACCIDENT?

by Van Den Heuvel Law Office

If you are facing an embezzlement charge in Michigan, it is important to understand the role of intent and defenses available to you. While embezzlement can happen accidentally or unknowingly, the law still applies with criminal charges if intent is present. It is essential to understand what constitutes embezzlement and how to defend yourself against such charges. 

What Is Embezzlement?

Embezzlement is defined as the misappropriation of funds or property by someone who has been entrusted with its care. This means that an individual has taken money or property that belongs to another person or entity for their own personal use without authorization. The crime of embezzlement occurs when someone uses their position of trust and authority to misuse funds that have been entrusted to them for a legitimate purpose. 

The Role Of Intent in Embezzlement Crimes

In Michigan, the element of intent is key when it comes to determining whether an individual has committed the crime of embezzlement. In order for a conviction on this charge, it must be proven beyond reasonable doubt that the accused had intended to commit the act of misappropriating funds or property when they did so. This means that if an employee mistakenly takes money from their employer’s account without intending to do so, they cannot be convicted on an embezzlement charge because there was no intent involved. 

Defenses for Embezzlement Crimes

If you are facing an embezzlement charge in Michigan, there are several potential defenses available to you, depending on your individual circumstances. If you were not aware that taking the money or property constituted theft, then this could provide a defense against any criminal charges brought against you. Additionally, if there was no intent behind your actions, for instance, if you took something without realizing it was wrong, then this could provide a viable defense as well. Lastly, if someone else forced you into taking money or property unlawfully, then this may also serve as a defense against criminal charges related to embezzling funds or property from another person or business entity. 

Facing an embezzlement charge in Michigan can be intimidating and overwhelming. However, with the right legal assistance and understanding of potential defenses available, it is possible to fight these charges successfully and clear your name from any wrongdoing associated with them. An experienced attorney can help guide you through each step necessary for building a strong defense and ultimately achieving justice in court proceedings related to your case. No matter what circumstances led up to your charges, having knowledgeable legal counsel by your side can make all the difference when it comes time for trial proceedings involving alleged cases of fraud or theft via misappropriation of funds from another party’s account. Contact the experienced criminal defense attorneys at the Van Den Heuvel Law Office for a consultation, and we will review the facts of your case and help develop the best possible defense strategy for an embezzlement charge.

Posted in Criminal Law | No Comments »