Embezzlement

Jun 28, 2015 by

Embezzlement is an often misunderstood and confusing crime in the United States. Embezzlement is defined largely is the theft of assets by a person in trust of them. This means that if a person is given the task of managing or monitoring a person’s assets but then steals the funds for their own person gain, they have just committed embezzlement. Accounting embezzlement is another form of the crime in which account records are manipulated or covered up to hide the embezzlement. This is often referred to as a white collar crime as it is mostly committed in corporate and business settings by employees. Some people convicted of embezzlement can take a large amount of money all at once or take small amounts over a long period of time, using creative and often hard to detect methods.

For a person to be committed of embezzlement, certain components must be present. First, there must be a relationship between the two parties, in which one party placed trust or reliance on the other. The defendant must have acquired the property or money through this relationship and then taken ownership of parts of the property or transferred it to someone else.

The last element of the crime of embezzlement is that the defendant took the property intentionally. This is classified as fraudulent intent and is meant when the accused is proven to have did their actions to defraud the victim out of their money or property. This can be determined by the defendant’s actions and demeanor during the proceedings. This can become especially complicated in proving if the defendant believes they took what was rightfully theirs. In short, a person must be proven to have knowingly completed their actions with the intent to take property from the victim to receive a personal gain.

The laws behind embezzlement are complicated and confusing. If you have been accused of embezzlement, often hiring a criminal defense lawyer is necessary. View more on embezzlement and other RICO violations here…

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First and Second Degree Murder

Mar 23, 2015 by

Murder can be categorized into two, and sometime three, degrees. While different states have alternate terms for levels of a murder, there are general characterizations of first degree and second degree murder. The website of Kohler Hart Powell, SC explains how drastically a murder charge can affect someone’s life, regardless of the degree and how sometimes it can be extremely hard to get back to a normal life.

First degree murder is the more severe of the two degree. These murders are characterized by the defendent’s intent to commit murder. First degree is pre-meditated, pre-planned, and punishable by life in prison. However, if the defendant can present evidence for one of four outlined defenses, the case can be lowered to a second degree murder. These factors are if the defendant can prove that there was adequate provocation, unnecessary defensive force, prevention of a felony, and coercion or necessity. Overall, these four factors are ways in which the defendant can attempt to justify their action of murdering.

Second degree murder has interchangeable terms in different states, and is generally described as a recklesss action that disregards human life. Second degree murders are impulsive and unplanned, and the defendant often does not have knowledge of who victim/victims will be. Furthermore, the statute applies to cases in which someone has caused a death by their production, distribution, or administration of an illegal drug. If a person dies after taking an illegal drug, anyone involved in the drug’s transaction can be accused of second degree murder. This type of murder is a Class B felony, and and punishable by 60 years in prison.

For both first and second degree murder, aggravating factors or mitigating defenses can affect the degree of the situation. When going through a murder trial, it is important to have a strategic approach; knowing these factors and defenses is essential when planning a defense.

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