Criminal Defense Firm Serving Northeastern And Central Pennsylvania

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Criminal Defense Firm Serving Northeastern And Central Pennsylvania

Miele & Rymsza, P.C.
Miele & Rymsza, P.C.

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What are the elements of an embezzlement charge?

| Nov 21, 2019 | Federal Crimes (white Collar Crime) |

When people in Pennsylvania work for a company, they earn money through their hourly wage or salary as negotiated with the company. To receive this money, they are expected to perform their job at a satisfactory level. Through the course of their employment, some people may be entrusted with ensuring that the property and money of the company end up going to the appropriate places.

However, sometimes people entrusted with the property and assets may take the property for their own personal use. In these situations, people could be charged with embezzlement. Embezzlement has several elements that must be proven. One element is that the person had a fiduciary relationship with the company or other institution and received possession of property through their employment. The second element is that the person used the property for their own personal use with the intent to deprive the company or institution of the property.

To be convicted of embezzlement, it must be proven beyond a reasonable doubt that all of those elements are true. People charged with embezzlement are not automatically guilty, and there could be defenses to the charges. One of the defenses that could be used is that the person had no intention of depriving the company of the property based on their actions. Embezzlement is a specific-intent crime, which can be difficult to prove in some situations.

There are many crimes that people commit in Pennsylvania that may be considered white-collar crimes. These crimes, like any other crime, could result in serious penalties and it is important to have a good defense. Experienced attorneys understand the potential defenses and may be able to protect one’s rights.

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