Under Canadian law, embezzlement falls under the umbrella of theft offences. In a nutshell, embezzlement is a type of financial fraud that involves the unauthorized taking or use of another person’s property or money, with the intention of depriving that person of the property or money on either a temporary or permanent basis.
The crime of embezzlement can go on for many years. Embezzlement charges are serious, and a conviction can lead to significant long-term problems and consequences.
The criminal defence lawyers at Bourdon Defence may assist you with formulating good legal defences to your embezzlement charge, obtaining a dismissal of your embezzlement charge in court, or obtaining a favourable plea deal. They may also help you obtain a lighter penalty or sentence upon conviction for embezzlement.
In an embezzlement case, the prosecution has the burden of proof, and must show that the defendant intentionally spent, used, or took property that an employer or superior entrusted to him and that the defendant did so without the employer or superior’s permission or consent.
The penalties for embezzlement are typically based on:
- The value of the property that the defendant took or misappropriated
- The amount or quantity of the property that the defendant took or misappropriated
Defences Against Embezzlement
Every criminal charge in Canada has one or more legal defences associated with it. If a criminal defence lawyer can successfully argue a valid legal defence on the defendant’s behalf, then the defendant’s criminal charges may get dismissed entirely. Alternatively, a criminal defence lawyer may work out a successful plea deal with the prosecution, which may result in a period of criminal probation—as opposed to jail time—for the defendant.
A criminal defendant charged with embezzlement or some other form of financial fraud may assert one or more of the following legal defences:
- The defendant held a good faith belief of entitlement to possess the subject money or property—or the defendant, in fact, owned the subject money or property.
- The defendant’s employer or supervisor consented to the defendant’s use or possession of the subject money or property.
- The defendant’s employer or supervisor entrusted the subject money or property to the defendant.
Contact a Calgary Embezzlement Defence Lawyer Today for a Free Initial Consultation and Case Evaluation
An embezzlement charge or conviction can put a huge damper on your personal and professional goals. A knowledgeable Calgary criminal defence lawyer can analyze all the facts and circumstances of your case and help you formulate good legal defences to your embezzlement charge.
A criminal defence lawyer can represent you throughout your case, from beginning to end. To schedule a free consultation and case evaluation with a Calgary criminal defence lawyer, please call Bourdon Defence today at (403) 474-4143 or contact us online.