
You’ve invested years in your job, managing accounts with care. But one day, you’re blindsided by an accusation of embezzlement. Suddenly, felony charges loom, and the path forward seems unclear.
At Tetterton Law Firm, PLLC, we understand the weight of these accusations. In this guide, we will discuss how to get out of embezzlement charges, hoping to provide clarity as you take your next steps.
Jump to a Topic
Understanding Embezzlement Charges in North Carolina
Is Embezzlement a Felony?
In North Carolina, embezzlement is considered a serious crime, typically charged as a felony. Embezzlement occurs when someone lawfully entrusted with assets or property intentionally misuses them for personal gain. Whether this involves cash or physical assets, embezzlement breaches the trust between an employer and employee or fiduciary and beneficiary.
North Carolina treats embezzlement charges harshly, and penalties vary based on factors such as the amount embezzled and the specific relationship involved. Generally, embezzling over $100,000 is a Class C felony, while amounts under $100,000 often lead to a Class H felony charge. In North Carolina, a Class C felony is one of the most severe charges with significant punishments.
Common Defenses Against Embezzlement Charges
How to Get Out of Embezzlement Charges
When you or someone close faces these charges, knowing common defense strategies can empower you in building a strong case. Let’s break down embezzlement defense theories that attorneys commonly use.
Lack of Intent to Commit a Crime
Embezzlement charges hinge on proving intent—an essential element. Demonstrating that your actions were a mistake or lacked criminal intent can weaken the case against you.
For example, imagine you were handling multiple accounts and inadvertently transferred funds incorrectly. If you can show that these actions were mistakes rather than purposeful attempts to defraud, the case against you may weaken.
Authorization or Consent
A vital element of an embezzlement charge is taking property or funds without permission. If you can demonstrate that the owner of the funds or assets permitted you to use or move them, this authorization could provide a solid defense.
Consider a scenario where you had access to company funds and received verbal or written permission to allocate them a certain way. With proof of that consent, prosecutors may struggle to prove your actions were unauthorized or illegal. Evidence such as emails, memos, or documented supervisor approvals could be valuable in building this defense.
Insufficient Evidence
Prosecutors need clear, convincing evidence that you intentionally took funds to deprive the rightful owner to secure a conviction. Challenging the adequacy of this evidence is another defense strategy. Sometimes, the evidence may rely heavily on assumptions or insufficient documentation. Questioning these elements may expose weaknesses in the prosecution’s case.
For instance, if financial records or internal reports are missing, incomplete, or inaccurate, your attorney can argue that the evidence doesn’t sufficiently support an embezzlement claim. This can be a critical factor in determining if embezzlement charges can be dropped before trial or if they’ll stand up to scrutiny in court.
Building a Strong Embezzlement Defense
To build a strong defense against embezzlement, you must understand your case details and collect the required documents and witness statements. Let’s look at how Tetterton Law Firm, PLLC, helps guide clients through this process.
Investigative Review
The first step involves thoroughly reviewing all evidence, including financial statements, email records, and relevant documentation. Our team works to identify inconsistencies or errors in the prosecution’s case, gathering critical insights that can aid your defense.
Identifying Key Witnesses
Sometimes, the best defense involves testimony from others involved in the financial management process or who understand the context around your decisions. Witnesses may include supervisors, co-workers, or external auditors who can provide perspective on the allegations.
Legal Strategy Development
Each embezzlement case is unique, and our experienced attorneys focus on creating a tailored defense that considers all aspects of your situation. Whether your defense relies on insufficient evidence, lack of intent, or authorization, we build a strategy designed to get you the best possible outcome.
Can Embezzlement Charges Be Dropped?
Yes, if the prosecution’s evidence is weak or if new evidence surfaces showing your innocence, charges could be dropped. Sometimes, showing a lack of criminal intent or providing documentation that authorizes your actions could lead to dismissal.
Trust Tetterton Law Firm, PLLC, to Defend Your Rights
Don’t let an embezzlement accusation define your future. With Tetterton Law Firm’s deep experience in North Carolina white-collar defense, you’ll have a team as dedicated to your story as they are to your defense. Contact us today to discuss your options and take the first step toward clearing your name and reclaiming your peace of mind.