The legal definition of embezzlement is the theft of money and/or property by a person entrusted by another person to handle the money and/or property. It is classified as a white collar crime, and it typically occurs in corporate settings. It is also a crime that is not always as clear cut. A wrongful accusation of embezzlement can occur due to an accounting oversight or error. If you are facing embezzlement charges, a Colorado criminal defense attorney with experience with such cases can advise you of your legal options and help plan the best defense strategy for you.
Being accused of embezzlement can be extremely embarrassing for you and your loved ones. It can also cost you your job and ruin your character and reputation. The penalties for an embezzlement conviction include parole, probation, court-ordered restitution to victims, heavy fines, court-ordered counseling, loss of bonding privileges and jail time. Sentencing for embezzlement may take into consideration mitigating circumstances, community sentiment toward such crimes, degree of media attention and prior convictions if any.
In cases like these, the prosecuting attorney has the burden of proving that you abused your position in order to convert assets belonging to another person into your own. He must also prove that these assets were acquired via your employment with the firm or entity involved; that you manipulated or misappropriated these assets in a fraudulent manner; that you were entrusted by the alleging entity to handle these assets; and you acted with intent to deprive the entity or owner of these assets. Your Colorado defense attorney has the burden of creating reasonable doubt, which could result in reduced charges or acquittal.