Navigating Embezzlement Charges in New Jersey: What You Need to Know

Facing allegations of embezzlement in New Jersey can feel overwhelming and frightening. The legal system can seem complex, and the potential consequences are serious. But you’re not alone, and understanding the law is the first step towards clarity and hope. At Law Offices of SRIS, P.C., we’re here to help you understand the charges you face and explore your options. We believe everyone deserves a strong defense.

As of October 2025, the following information applies regarding embezzlement laws in New Jersey.

What is Embezzlement in New Jersey?

Embezzlement in New Jersey isn’t just simple theft; it’s a specific type of financial crime where someone entrusted with money or property fraudulently converts it for their own use. Think of it this way: if your employer trusts you with company funds, and you quietly divert some of that money into your personal account, that’s embezzlement. It’s a breach of trust, and the law takes it very seriously.

The key here is that the property or money was legally in your possession initially, but you then misused that position of trust for personal gain. This differs from outright theft, where property is taken unlawfully from the beginning. In New Jersey, these crimes often fall under statutes concerning theft by unlawful taking or disposition of property, and misapplication of entrusted property.

As Mr. Sris, Founder, CEO & Principal Attorney, has observed, “My background in accounting and information management provides a unique advantage when handling the intricate financial and technological aspects inherent in many modern legal cases.” This insight is particularly relevant in embezzlement cases, where detailed financial analysis is often crucial.

New Jersey Embezzlement Statutes and Their Definitions

New Jersey’s statutes regarding embezzlement primarily fall under Title 2C of the New Jersey Code of Criminal Justice. While there isn’t one single statute explicitly named “embezzlement,” the acts that constitute embezzlement are covered under broader theft offenses, particularly N.J.S.A. 2C:20-9, which addresses misapplication of entrusted property. This statute specifically targets individuals who misapply property or funds entrusted to them as fiduciaries or for a specific purpose.

Key Elements of Embezzlement Charges:

• Entrustment: The property or funds must have been legally entrusted to the accused. This means there was a legitimate expectation that the individual would manage or hold the assets responsibly.
• Conversion: The accused must have converted the property or funds for their own personal use or the use of another unauthorized person. This is the fraudulent act that makes it embezzlement.
• Fraudulent Intent: The prosecution must prove that the accused acted with the intent to permanently deprive the rightful owner of their property. This isn’t always easy for the prosecution to establish.

Understanding New Jersey Embezzlement Penalties

The penalties for embezzlement in New Jersey vary significantly based on the value of the money or property allegedly embezzled. Generally, the higher the value, the more severe the charges and potential consequences. Penalties can range from:

• Fourth-Degree Crime: If the value of the property is between $200 and $500, or involves certain other specific circumstances. This can result in up to 18 months in prison and fines up to $10,000.
• Third-Degree Crime: If the value is between $500 and $75,000. Penalties can include 3 to 5 years in prison and fines up to $15,000.
• Second-Degree Crime: For amounts over $75,000. This is a very serious charge, carrying a potential prison sentence of 5 to 10 years and fines up to $150,000.

In addition to these criminal penalties, a person convicted of embezzlement may also face civil lawsuits from the victim to recover the stolen funds, potential loss of professional licenses, and a permanent criminal record that can affect future employment and opportunities. It’s a tough road, but with the right legal counsel, you can work towards minimizing the impact.

Common Scenarios Leading to Embezzlement Charges

Embezzlement charges can arise in many different situations, often where there’s a position of financial trust. Here are a few common scenarios:

• Employee Theft: An employee in a financial role, such as a bookkeeper or accountant, diverting company funds for personal expenses. This could involve creating fake invoices, manipulating payroll, or directly transferring money.
• Treasurer Misappropriation: A treasurer of a non-profit organization or club using funds meant for the organization for their own benefit.
• Fiduciary Breach: Someone appointed to manage another person’s assets (e.g., a trustee, guardian, or power of attorney) misusing those funds.
• Billing Schemes: Overbilling clients and keeping the excess, or creating fictitious vendors to pay oneself.

These are just a few examples, and the specifics of each case can be very intricate. “I find my background in accounting and information management provides a unique advantage when handling the intricate financial and technological aspects inherent in many modern legal cases,” shares Mr. Sris. This experience is invaluable in cases that often involve complex financial transactions.

Potential Defenses Against Embezzlement Charges

Even if you’re facing serious embezzlement charges, you have legal rights and potential defenses. A strong defense strategy can challenge the prosecution’s case and protect your future. Here are some common defense approaches:

• Lack of Intent: One of the most crucial elements the prosecution must prove is fraudulent intent. If your actions, though perhaps negligent or misguided, lacked the specific intent to permanently deprive the owner of their property, this could be a strong defense. Maybe it was a genuine accounting error or a misunderstanding.
• Mistake of Fact: Arguing that you genuinely believed you had a right to the property or funds, or that you were authorized to use them in the way you did.
• Duress or Coercion: If you were forced or threatened into committing the act, your attorney might argue that you acted under duress.
• Insufficient Evidence: The prosecution bears the burden of proof. If they cannot provide enough evidence to prove every element of the crime beyond a reasonable doubt, the charges may be dismissed.
• False Accusations: Unfortunately, false accusations can happen, sometimes due to workplace disputes or misunderstandings. Your defense would focus on demonstrating the lack of truth in the allegations.

Building an effective defense requires a thorough understanding of New Jersey embezzlement statutes and a meticulous review of all evidence. A seasoned attorney will examine every detail to find weaknesses in the prosecution’s case and build the strongest possible defense for you.

The Importance of Legal Counsel in Embezzlement Cases

If you’re facing embezzlement charges in New Jersey, trying to navigate the legal system alone is a risky endeavor. The consequences are severe, and the laws are complex. Having experienced legal counsel on your side can make all the difference. An attorney from Law Offices of SRIS, P.C. can:

• Explain Your Rights: Ensure you understand your rights and the legal process every step of the way.
• Investigate the Allegations: Conduct a comprehensive investigation, gather evidence, and interview witnesses to build your defense.
• Negotiate with Prosecutors: Work to negotiate reduced charges, alternative sentencing, or even a dismissal of your case.
• Represent You in Court: If your case goes to trial, provide vigorous representation in court, challenging the prosecution’s evidence and arguments.

“As someone deeply involved in the community, I believe it’s important to not only practice law but also to actively participate in shaping it,” states Mr. Sris. This dedication translates into a commitment to robustly defend clients’ rights and interests.

Why Choose Law Offices of SRIS, P.C. for Your New Jersey Embezzlement Case?

At Law Offices of SRIS, P.C., we understand the anxiety and uncertainty that come with criminal charges. Our team offers dedicated and knowledgeable representation for individuals facing embezzlement allegations in New Jersey. We approach every case with empathy, direct communication, and a reassuring presence.

Our firm has locations in Flanders, New Jersey, allowing us to serve clients across the state. We’re available 24/7, because legal issues don’t keep business hours. Our commitment is to provide you with a confidential case review and a clear path forward.

Mr. Sris emphasizes, “My focus since founding the firm in 1997 has always been directed towards personally handling the most challenging and complex criminal and family law matters our clients face.” This focus ensures that your case will be met with serious attention and strategic defense planning.

Recent Case Results (Anonymized)

While past results do not predict future outcomes, we believe in demonstrating our dedication to our clients. Please note, these are anonymized summaries and are not exhaustive:

• County: Fairfax County General District Court, Offense: Embezzlement: >=$200, Result: Nolle Prosequi
• County: Fairfax County General District Court, Offense: Embezzlement: <$200, Result: Nolle Prosequi
• County: Fairfax County General District Court, Offense: Embezzlement <$200, Result: Amended to Petit Larceny