White-Collar Crime: Defending Against Financial Fraud and Embezzlement Charges

White-collar crime consists of non-violent criminal acts used to obtain money or gain a personal or business advantage. The penalties for white-collar crime in Virginia are serious, and they may include incarceration, fines, and restitution. Therefore, if you’ve been charged with a white-collar crime, you should immediately seek legal counsel. Two serious types of white-collar crime are financial fraud and embezzlement. In this article, we discuss common defenses to financial fraud and embezzlement charges in the state of Virginia. 

You Had Permission to Make the Transactions

A common defense to embezzlement charges is that your employer authorized you to make the allegedly illegal transactions. If this situation applies to you, you can argue in court that you conducted the transaction in the manner instructed by your employer. And if you made the transaction in a manner other than your employer requested, you may be able to argue that you made a mistake and took steps to attempt to rectify the error upon discovery. 

You Were Coerced into Making the Transactions

If you were coerced into making the transactions in question, you can’t be convicted of committing a white-collar crime. If this defense applies to your unique situation, you may be able to argue in court that you were blackmailed or threatened into using your employer’s funds in ways that were not authorized. 

The State Violated Your Rights to Obtain Evidence

In a criminal case of any kind, the court cannot convict you based on evidence that was illegally obtained. For example, if the police obtained evidence in your case through a warrantless search of your house or computer, then your attorney can argue that such evidence must be excluded. So, regardless of your charges, your attorney should carefully review every piece of evidence that the prosecution plans to use in the case against you. 

The Evidence Presented is Weak

Finally, your Virginia criminal defense lawyer can simply argue that the prosecution’s evidence doesn’t support the charges filed. In other words, in some cases, the evidence doesn’t provide clear proof that the defendant intentionally embezzled funds. Remember, the burden of proof in a criminal trial rests with the prosecution, and it is the prosecution’s responsibility to provide sufficient evidence to demonstrate your guilt beyond a reasonable doubt. Therefore, by poking holes in the prosecution’s case, your attorney can create the amount of reasonable doubt required to win your case in court. 

Contact an Experienced Virginia Criminal Defense Lawyer 

If you have been charged with a white-collar crime of any kind in the state of Virginia, you need an experienced criminal defense attorney on your side. At Walker Jones, PC, our Virginia criminal defense attorneys understand the seriousness of embezzlement and other white-collar crime charges. Therefore, when you come to us for assistance with your Virginia white-collar crime case, we will aggressively and competently defend you against all charges. Please contact us today to schedule an initial consultation with an experienced Virginia criminal defense lawyer. 

Posted in: Criminal Defense, White Collar Crime