Theft from an employer will usually fall into the category of theft or of fraud, and both cases are treated seriously. It is necessary for the prosecutor to prove that a person acted dishonestly, and if the defendant can prove that they believed they had the right to take the items or money that they took, then this could prove to be the best defence. If found guilty of the offence, the defendant not only faces the possibility of having money and assets seized, but there is also the very real possibility of a custodial sentence.
Theft From Employer, Fraud, And Embezzlement Charges
Being accused of theft from an employer means that a person’s reputation can become badly damaged and that they have the very real threat of a potential prison sentence. It will almost always lead to the loss of their job, too, and this combination means that it is especially important to have good quality legal representation.
Investigation
There will usually be a lot of investigative work when prosecuting or defending a theft from employer case. Company policies, documents, and communication between employer and employee will usually need to be sought, gathered, and considered. The company must provide this information to the defence, who can apply for the court to demand the documents be handed over if necessary.
Sentencing
The courts will take many factors into consideration when they decide on a possible sentence. A prison sentence is a possibility, and the Proceeds of Crime Act dictates that it is possible for the court to demand that all money be returned. If the business, or any other employees, suffered financial hardship as a result of the theft, then the courts will take a particularly dim view of this, and a harsher sentence could be handed out.
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