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Embezzlement

A Skilled Attorney Fighting Embezzlement Charges in New York

Embezzlement in New York carries a hefty potential jail-term of up to twenty five years, and the fallout from a conviction of that caliber can be significant. You could face job loss, difficulties finding a job, fines and fees, immigration status revocation, along with many other personal consequences. In order to alleviate this damage, you need an experienced New York embezzlement attorney on your side, fighting to protect your rights.

What Is Embezzlement?

It’s important that you understand that “embezzlement” is not the actual title of the crime you will be charged with. The technical term is theft or larceny, and that is typically what people who have committed embezzlement are charged with. It is mostly defined as theft /larceny of assets (money or other forms of property) by a person in position of trust and responsibility over those assets. So it typically occurs in employment and corporate settings. An example of a case of embezzlement is when a person is given access and control to someone’s property or money to manage, monitor, or use the assets for the owner but then instead misappropriates the assets for his/her own personal use and gain. Many times, embezzlement is tied to other criminal activities, so you may have multiple charges that you need a New York embezzlement lawyer to help you navigate and fight.

Embezzlement almost always involves theft of money. It can be stealing cash from a safe, manipulating business records, misuse of a credit card, the creation and use of fake invoices, and misappropriation of investors’ or employers’ money. The amount of money stolen does not have to be exorbitant, and is often not a high number at all.

In order to avoid the most severe penalties and to have the best chance in fighting the charges against you, you need an experienced, knowledgeable New York City embezzlement criminal defense attorney on your side. Based in New York City, Maryam Jahedi Law Firm serves the NYC-metro region, including Queens, Bronx, Brooklyn and Manhattan. Maryam Jahedi Law Firm is your premier New York embezzlement lawyer solution. We provide legal counsel for traditional crimes, white collar crimes and post-conviction representations. 

How Can an Attorney Help Me if You’re Charged with Embezzlement?

Facing embezzlement charges can be overwhelming and frightening. The legal consequences can be severe, including significant fines, restitution, and lengthy prison sentences. However, an experienced embezzlement defense attorney in NYC can be a crucial ally in navigating these challenging circumstances.

One of the primary ways an attorney can assist is by thoroughly investigating the charges against you. Embezzlement cases often involve complex financial records, and it is essential to analyze these records meticulously. An attorney can work with forensic accountants and other experts to review the evidence, ensuring that the prosecution's case is accurate and complete. This scrutiny can sometimes reveal flaws in the evidence, such as accounting errors or misinterpretations, that could weaken the case against you.

An attorney will also help by protecting your rights throughout the legal process. From the moment you are accused, there are potential pitfalls that could harm your defense. Law enforcement may attempt to question you without fully informing you of your rights, or they may use tactics designed to elicit self-incriminating statements. An experienced attorney will ensure that you are not coerced into making statements that could be used against you and will guide you on when it is in your best interest to remain silent.

In addition, an attorney can develop a strong defense strategy tailored to your specific situation. This might involve challenging the prosecution's evidence, presenting alternative explanations for the financial discrepancies, or demonstrating that there was no intent to commit a crime. An effective defense strategy can sometimes lead to the charges being reduced or even dismissed entirely.

If a trial becomes necessary, having a skilled attorney on your side is vital. Embezzlement cases can be complicated, and presenting a clear and compelling argument to a judge or jury requires legal expertise. Your attorney will handle all aspects of the trial, from selecting a jury to cross-examining witnesses, with the goal of achieving the best possible outcome for you.

Furthermore, in some cases, an attorney may be able to negotiate a plea deal. While not always the preferred option, a plea deal can result in reduced charges or a lighter sentence. Your attorney will assess whether a plea deal is in your best interest and negotiate the terms with the prosecution to ensure that you receive the most favorable agreement possible.

What Are Possible Defenses Against Embezzlement Charges?

There are several possible defenses against embezzlement charges, depending on the specifics of the case. One common defense is the lack of intent. Embezzlement requires that the accused intentionally took or misappropriated funds or property for personal gain. If the defense can demonstrate that there was no intent to commit a crime—perhaps due to a misunderstanding or an honest mistake—this can be a powerful argument for acquittal.

Another defense is the claim of legal authorization. In some cases, the accused may have had legitimate authority to use the funds or property in question. If the defense can show that the actions were within the scope of the defendant’s duties or were otherwise authorized, this could lead to a dismissal of charges.

Additionally, coercion or duress can be a valid defense. If the defendant was forced or threatened into committing the act of embezzlement, and can prove that they acted under duress, this can absolve them of criminal responsibility.

Finally, insufficient evidence is a key defense strategy. The prosecution must prove beyond a reasonable doubt that the defendant committed embezzlement. If the defense can show that the evidence is weak, contradictory, or incomplete, this can lead to an acquittal.

An experienced NYC embezzlement defense attorney will assess the details of your case and determine the best defense strategy to pursue, aiming to protect your rights and secure the most favorable outcome possible.

To discuss your embezzlement charges, call our New York City law offices at (646) 798-7118 for a free telephone consultation, or contact us online.

  • by: Maryam Jahedi, Esq. You've Been Arrested: Now What? (A Real Life Legal Guide)
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