Continuing from Denver Embezzlement Defense Lawyers (Part 1), the following provides some additional information regarding embezzlement charges in Colorado. While Part 1 of this blog focused on defining embezzlement and laying out some of the penalties associated with embezzlement convictions, here in Part 2, we will concentrate on discussing possible defense arguments to embezzlement charges.
Embezzlement Defense Arguments
While embezzlement charges are serious and the possible penalties upon conviction can be harsh (as they may include long prison sentences, among other punishments), the good news is that the prosecution has the burden of proof in the case; this means that, in order for a prosecutor to secure a conviction in an embezzlement case, he or she must prove beyond a reasonable doubt that the accused:
- Was entrusted to oversee the money or assets in question
- Misappropriated said assets in a deceptive and fraudulent manner
- Intended to deprive the rightful owner (either an individual, business or organization) of said assets.
Our Denver embezzlement defense attorneys know that, if prosecutors fail to prove even one of the above-mentioned factors, the defense can win the case. Consequently, while we will work diligently to poke holes in the prosecutor’s arguments, we may also be able to argue (depending on the facts of the case) that:
- Illegal search and seizure of the defendant’s property was committed by law enforcement officials.
- The police failed to follow essential legal procedures when arresting the accused and/or investigating the case.
- There is not sufficient evidence to reasonably convict the accused of the embezzlement charges.
When to Contact a Denver Embezzlement Defense Lawyers
The authorities take allegations of felony white collar crimes, particularly those that allegedly involve embezzling large amounts of money or that allegedly entail defrauding employers, extremely seriously, and these charges – even if a person is ultimately acquitted of them – can have a devastating impact on a person’s personal and professional life. If you or a loved one has been accused of any felony or misdemeanor crime in Denver, you will need an experienced defense attorney who is dedicated to defending your rights.
At the Law Office of Andres R. Guevara, our skilled Denver criminal defense lawyers are committed to providing the accused with the best possible defense and to working tirelessly to helping them resolve their case as favorably as possible. To learn more about your legal rights and receive expert advice on how to proceed with your case, contact us at (720) 379-8262.