What is embezzlement?
Embezzlement is broadly defined by the American legal system as the theft of property or money by a person who was trusted with those assets. Though individuals can be accused of embezzlement during the management of private affairs, it is most commonly committed by individuals in the business or corporate world who steal money from their employers. The penalties for embezzlement are severe. If defendants are convicted of this crime, not only are they facing serious legal action, but they may also suffer permanent damage to their reputation and, consequently, struggle to find work in the future.
Components of Embezzlement
Because an embezzlement conviction carries the potential for serious penalties, it is important to understand the elements of this charge if you are facing an embezzlement accusation. In order to levy successful charges of embezzlement, prosecutors will need to prove that the following actions were taken:
- When in a position of confidence, a person was trusted with the possession and care of property belonging to someone else
- The person took or hid the property, or converted it for their use without the consent or knowledge of the original owner
- The individual who took the assets intended to permanently deprive the other individual of the property and not return it
If the prosecution fails to provide supporting evidence of each component listed above, individuals on trial may be able to fight the charges against them. However, taking on a legal case of this magnitude requires the help of an experienced attorney.
Contact a Criminal Defense Lawyer in San Jose Today
If you have been accused of embezzlement, contact the San Jose legal team at the Law Office of Daniel Jensen, P.C., by calling (408) 296-4100 to begin discussing your legal options. Our experienced lawyers are ready to aggressively build your defense and protect your rights while your case is underway.