Embezzlement charges in New Jersey carry severe consequences, impacting your personal and financial future. If you are currently under investigation or have been formally charged with the misappropriation of entrusted assets, understanding your legal rights is crucial. Securing knowledgeable legal counsel early in the process is the best way to protect yourself against these allegations and navigate the criminal justice system. For more information and to obtain the help of an experienced legal professional, continue reading and contact a Mercer County embezzlement defense lawyer today.

What is Embezzlement in NJ?

Unlike many states, embezzlement is not categorized as a separate crime in the New Jersey criminal code. Instead, it is prosecuted under the state’s theft statutes, more specifically N.J.S.A. § 2C:20-3, 2C:20-4, and 2C:20-9.

In general, embezzlement is the taking or conversion of property that was entrusted to you for personal gain and with the intent to deprive the owner of said property. Unlike burglary or robbery, the property was received lawfully. However, it is what you do with the property once it has been entrusted to you that can constitute embezzlement.

The focus is on the breach of trust rather than on how the money or property was obtained. For example, suppose an elderly man gives his caretaker his credit card to buy supplies for his home and medical care. If the caretaker uses the credit card to buy personal items for themselves, it is a misuse of entrusted property. Using the card for personal benefit shows an intent to deprive the individual of money without their consent. This is considered embezzlement.

What Are the Penalties for Embezzlement in NJ?

Because embezzlement is considered theft in New Jersey, the offense will also be penalized in the same way. The repercussions of a conviction will vary depending on the specific circumstances of the situation, most notably the value of the property involved. Consider the following.

  • Property valued under $200: Disorderly persons offense, up to 6 months in jail, up to $1,000 in fines
  • Property valued between $200 and $500: Fourth-degree indictable crime, up to 18 months in prison, up to $10,000 in fines
  • Property valued between $500 and $75,000: Third-degree indictable crime, up to 5 years in prison, up to $15,000 in fines
  • Property valued $75,000 or more: Second-degree indictable crime, up to 10 years in prison, up to $150,000 in fines

In addition to these criminal penalties, an embezzlement conviction can also result in significant non-criminal consequences that severely impact your life.

Because of the severity of these charges and penalties, it is crucial that you do everything in your power to defend yourself against embezzlement allegations. Set up your free case evaluation with an experienced attorney at the Law Office of Douglas Herring today.