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The basics of an embezzlement charge in Indiana

White collar crimes are serious charges with potentially serious consequences for individuals facing them. Embezzlement essentially results when a theft is committed by a person in a position of trust. In Indiana, embezzlement is charged as theft. How severe the theft charges are, and how harsh the punishment is, depends on the value of the property taken and the criminal history, if any, of the accused individual.

In general, embezzlement is defined as the theft of assets by a person in a position of trust or that has responsibility over those assets. In circumstances of embezzlement, the accused individual was given access to the property, money or assets of someone else for the purpose of managing or using the assets for the best interests of the owner but instead covertly misappropriated the property, money or assets for their own personal gain.

The elements, generally, of an embezzlement charge include a fiduciary relationship between the two parties and a reliance of one party on the other; the accused individual must have acquired the property through the relationship; the accused individual must have taken ownership of the property or transferred it; and the accused individual must have acted intentionally. Theft crimes are viewed seriously in the criminal justice system and the potential penalties can be significant.

As is true of any criminal charges, the accused individual has the right and ability to challenge the charges they are facing on a variety of grounds depending on the circumstances. It is important for accused individuals to be familiar with their criminal defense rights and how to form a strong criminal defense response to the charges they are facing.

Source: Statelaws.findlaw.com, "Indiana Embezzlement Laws," Accessed May 28, 2017

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