What Constitutes an Embezzlement Offense in NJ?

When you are accused of misappropriating funds you were entrusted with, it’s imperative to understand the severity of this offense. Generally, this is referred to as embezzlement, which is a serious criminal offense. As such, understanding what constitutes this crime, as well as the penalties you can face if convicted, is critical. The following blog explores these matters further, including the importance of connecting with experienced New Jersey & Pennsylvania criminal defense lawyers to explore your legal options.

What Is Embezzlement and How Is It Proven?

It’s important to understand that New Jersey does not have an actual “embezzlement” offense. However, the actions that typically constitute this crime are still considered theft offenses in New Jersey – specifically “theft by failure to make required disposition of property received.” Essentially, this means you have lawfully obtained property but must use it for personal gain. The primary difference between this and other forms of theft is a betrayal of trust, as the defendant is granted permission to handle the funds.

This is most commonly seen in employment settings. For example, a payroll manager who creates a fake employee to secretly pay themselves would be charged with this offense in New Jersey. This is because they were lawfully in charge of the funds on behalf of their employer, but diverted them from their intended use for personal gain.

In order to prove that this theft has occurred, the prosecution is responsible for showing, beyond a reasonable doubt, that the following is true:

• The defendant had permission to handle the funds from another person or organization
• The defendant then converted these funds for their own personal benefit
• This use of property for personal benefit was intentional and not accidental
• The owner of the property did not consent for it to be used in such a way

What Penalties Can I Face if Convicted?

As mentioned, you will not be charged with “embezzlement” itself in New Jersey, but rather a theft offense. The penalties you can face will depend on the value of the stolen property. For example, if you are accused of stealing funds valued between $500 and $75,000, you will face a third-degree felony, which carries up to five years in prison and the potential for $15,000 in fines.

You should note that there may be additional aggravating factors that can influence the penalties you face. For example, if you received funds from a nonprofit or government organization, you may face a harsher sentence. This is also the case if the theft of funds arises from a breach of fiduciary duty if you are the trustee of a trust fund.

What Should I Do if I’m Charged with This Offense?

If you are charged with a theft offense for embezzling or misusing funds you were entrusted with, it’s critical to take the necessary steps to best protect yourself. Generally, the most important thing you can do when you are placed under arrest is to inform the officer that you would like your attorney and then invoke your Fifth Amendment right to remain silent. Though you may want to defend yourself, anything you say can be used against you in a court of law. As such, you’ll want to refrain from speaking so as not to accidentally incriminate yourself.

Embezzlement charges are not a matter that should be taken lightly in New Jersey. As such, it is imperative to connect with the Vigilante Law Firm, P.C. if you have been accused of this offense. Our team will examine all avenues to help you fight for the best possible outcome for your circumstances. Contact us today to learn more.