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What Criminal Charge Is Dave Most Likely To Face?

1006 Words5 Pages

PART (A) What criminal charge is Dave most likely to face? Discuss any defenses. Embezzlement The fraudulent conversion of the property of another by one who is already in lawful possession of it. Embezzlement requires proof that the defendant converted property of another, in his lawful possession with intent to defraud. Dave asked Pete if he could borrow his car to take his wife to the doctor and Pete lets him. Dave can’t afford to pay his doctors bill so he forges the pink slip for the car and gives it all to the doctor in lieu of payment. Dave was in lawful possession of Dave’s car(property) when he gave it away to the doctor (converted) without Pete’s knowledge or permission (defraud). Therefore, Dave committed embezzlement. Intent to …show more content…

John was drunk when he was fired and may claim that he believed he was entitled to the property taken because he was not given the severance paid owed to him at the time he was fired. However, claim of right cannot not be used in this case because John’s behavior is illegal even if Pete allowed him to take the car, as driving under the influence is against the law and John was so drunk that he fell asleep in the car. Therefore, this defense will not work. PART (C) What criminal charge is Sam most likely to face? Discuss any defenses. Larceny Larceny is primarily an infringement of another’s possessory interest in property. The elements of the offense are a trespassory taking and carrying away of personal property of another with the intent to permanently deprive the owner of possession of property. Sam broke into Pete’s Chrysler(property), hotwires it, drives it away (taking and carrying it away) and trades it with a drug dealer for bags of heroine (deprive the owner of possession of property). Therefore, Sam has committed larceny. PART (D) What criminal charge is Ed most likely to face? Discuss any

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