If you take personal property when someone else entrusted it to you, you commit embezzlement. In most cases, according to Cornell Law School, embezzlement occurs because of the misappropriation of money.
You can face charges for embezzlement regardless of whether you keep the property or give it to another party. If someone believes you committed embezzlement, there are several defenses you can use to fight back against the charges.
1. Prove there is insufficient evidence
The court has to show that enough evidence exists to prove you committed embezzlement. If there is reasonable doubt about the evidence or not enough evidence supports the case, the court may drop the charges against you.
2. Demonstrate you legitimately used the money for business
You could face charges for embezzlement if you took money from the company and used it for authorized business purposes instead of personal gain. You need to acquire evidence that shows you used these funds for business purposes to boost your case.
3. Show you did not steal the funds
This is a simple defense, but it is one of the most straightforward ways to prove that the charges do not have validity. Like with showing you did not use the money for personal reasons, you have to show you did not actually take the funds you allegedly embezzled.
4. Prove you were under duress
If you embezzled because you thought someone would harm you or a loved one, you could prove your actions were the result of duress. Depending on your case, this could result in the court acquitting your charges.