Embezzlement is a serious white-collar crime in New Jersey that can result in severe consequences for those convicted. This crime represents a significant breach of trust and can lead to devastating criminal penalties, including lengthy prison sentences, fines, and mandatory restitution. Besides legal repercussions, embezzlement can damage a person’s reputation and professional standing, making employment difficult or impossible. If you or someone you know has been charged with embezzlement, it is crucial to understand that these cases are complex and aggressively prosecuted. Securing experienced legal representation is essential to protect your rights. Reach out to a knowledgeable Bergen County criminal defense lawyer at the Law Office of Boyd & Squitieri to set up your free consultation today.
How is Embezzlement Defined in NJ?
Embezzlement generally refers to the fraudulent appropriation of property by a person to whom that property has been entrusted. This typically involves someone, like an employee or fiduciary, legally possessing the assets but then converting or using them for their own unauthorized use. It is different from typical theft because the initial taking of the property is lawful. While embezzlement is recognized as illegal conduct, it is not defined as its own offense under New Jersey law. Instead, it is akin to theft.
Although it is not considered a separate individual statute, embezzlement can be prosecuted in New Jersey under N.J.S.A. § 2C:20-3 (theft by unlawful taking), 2C:20-4 (theft by deception), and 2C:20-9 (theft by failure to make required disposition of property received). Depending on the specific circumstances of the offense, other theft statutes may apply.
The key difference between embezzlement and other theft-related crimes is how the offender came into possession of the property or funds. When a person embezzles, they are given lawful access to the property by the owner due to a relationship of trust.
What Are the Penalties for Embezzlement?
Because embezzlement is prosecuted as theft in New Jersey, it is also penalized as theft. The grading and sentencing for theft, and therefore embezzlement, depend on the value of the property involved in the offense. For example, if the property is valued at under $200, it is generally considered a disorderly persons offense. Between $200 and $500 is a fourth-degree crime, $500 to $75,000 is a third-degree crime, and $75,000 or more is a second-degree crime.
The standard sentencing guidelines for each degree of offense are as follows.
- Disorderly persons offense: Up to 6 months in jail and $1,000 in fines
- Fourth-degree indictable crime: Up to 18 months in prison and $10,000 in fines
- Third-degree indictable crime: Up to 5 years in prison and $15,000 in fines
- Second-degree indictable crime: Up to 10 years in prison and $150,000 in fines
Other factors could influence the grading and penalties associated with an embezzlement conviction. Because of the severity of these charges and consequences, it is crucial that you understand what defenses to implement to protect yourself.
Reach out to a skilled criminal defense attorney for more information today.