Defending a New York Embezzlement Charge

When defending a New York embezzlement charge, an attorney may employ a couple of different tactics. An experienced lawyer can challenge the prosecution’s allegations, and work to discredit the accusing party’s case.

If you are facing a charge of embezzlement and you are looking to obtain legal representation, it is critical to consult with a knowledgeable lawyer as soon as possible. A New York theft attorney can work to help reduce or dismiss any penalties associated with your charge.

Granted Authorization

First, an attorney may attempt to prove that an individual had permission or authority in some variety to use the money. The accused individual may have had written authorization in some capacity to be in control of the money in question.

Further, an attorney can try and prove that someone else had access, they shared access, and the prosecutors cannot establish that the individual being accused was actually the individual who did the taking.

Determining Value

If an attorney cannot challenge the taking, they may attempt to challenge the value of the money in question. One individual may believe, for instance, that $82,000 was taken. Another may think that the value of the money was more around $53,000. A lawyer will question the DA about how they are going to value the money when such conflicting reports exist.

When defending a New York embezzlement charge, a lawyer will ask if the money ever made it out of the account, or what proof there was that the money was actually taken.

If there are falsified books, the credibility of the business may come into question, the validity of the books comes into question, and therefore the credibility of what the person may or may not have taken is questioned by the individual’s attorney.

Building Character

Another defense strategy an attorney may employ in a New York City embezzlement charge is the paying back of the money in exchange for a better deal. A lawyer may argue that the individual in question can pay back the money immediately, or potentially pay back some of the money immediately in exchange for a better deal.

If that falls through, they may claim that the individual was using the money for a good reason. A lawyer can argue that an individual may have been using the money to help a sick family member, for example.

In defending an embezzlement charge in New York, the attorney can argue that the individual is otherwise a good person with a bright future. They may claim that they will lose an important job because of this charge, and that they volunteer regularly in their community and should not have such a charge hold them back. The lawyer will attempt to get the DA to care about such elements, and hope to achieve a better deal.

Challenging the Facts of the Case

As a defense strategy in a New York embezzlement charge, the attorney will simply challenge the facts of the case. They may claim that the person did not intend to steal the money, for example, and believed that they had a genuine right to it.

An experienced theft lawyer will employ a number of defense strategies in a New York embezzlement case. To understand such strategies, it is important that any individual involved consult with an attorney as soon as possible.

Displacing the Blame

When stating that an individual had permission to do what they did, an attorney may try and find emails from a superior or a colleague saying so. There might be a history of similar transactions that were not considered as any type of theft.

Further, there may be transactions that are inaccurate and incorrect. This can call into question whether this is the case of pointing a finger at the client as a cover up, or whether the information is accurate.

If the company is up to its own fraud, more so than the accused person, the person may want to use that as their weapon of defense. Very often, in this context, when the person is a bookkeeper or an accountant, they may have access to this type of information. They can point the prosecution in the right direction.

It is the job of the defense attorney to never jeopardize the safety and health of their client, but within the bounds of the law, they must fight as diligently and passionately as they can.