Embezzlement Laws In New Jersey | SRIS, P.C.
Embezzlement Laws In New Jersey — What Are Your Defense Options?
Embezzlement in New Jersey is prosecuted as a theft crime under N.J. Stat. § 2C:20-2, with penalties ranging from a disorderly persons offense to a first-degree felony. The severity depends on the value of the property taken and the defendant’s criminal history. Law Offices Of SRIS, P.C. provides defense for those accused of misappropriating funds or property entrusted to them.
Understanding Embezzlement Laws In New Jersey
Embezzlement is not a standalone crime in New Jersey; it is prosecuted under the state’s general theft statute. The law requires the prosecution to prove you knowingly took or exercised unlawful control over movable property of another with the purpose to deprive them of it. A critical element specific to embezzlement is that the property was initially obtained lawfully because you were entrusted with it, such as through an employment, fiduciary, or custodial relationship.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Citations
For the official text of the theft statute covering embezzlement, refer to N.J. Stat. § 2C:20-2 (official New Jersey Legislature). For court procedures and rules, visit the New Jersey Courts website.
Penalties Under New Jersey Embezzlement Laws
In New Jersey, the penalties for embezzlement, charged as theft, are determined by the value of the property involved and can include significant prison time, fines, and restitution.
| Offense Degree | Property Value | Incarceration | Fine |
|---|---|---|---|
| Disorderly Persons Offense | Under $200 | Up to 6 months jail | Up to $1,000 |
| Fourth-Degree Crime | $200 – $500 | Up to 18 months prison | Up to $10,000 |
| Third-Degree Crime | $500 – $75,000 | 3-5 years prison | Up to $15,000 |
| Second-Degree Crime | $75,000+ | 5-10 years prison | Up to $150,000 |
| First-Degree Crime | $500,000+ | 10-20 years prison | Up to $200,000 |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex financial crime cases like embezzlement. Our background in accounting and information systems provides a distinct advantage in dissecting financial records and transactions, which are often central to these charges.
Case Results & Defense Strategy
Our approach to defending against embezzlement charges involves a meticulous review of the financial evidence, the intent element, and the circumstances of the alleged trust relationship. We examine whether there was a lawful taking, a lack of intent to deprive, or if the case involves a civil dispute mistakenly brought as a criminal matter. Our firm has documented favorable outcomes in financial crime cases across New Jersey and the region.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Embezzlement Lawyers In New Jersey
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 210-9965
By appointment only.
Our Tinton Falls location serves clients across Monmouth County and New Jersey. We are accessible for those seeking experienced embezzlement attorneys in New Jersey. We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions About Embezzlement Laws In New Jersey
Is embezzlement a felony in New Jersey?
Yes, if the value of the property is $200 or more, embezzlement is charged as an indictable crime (New Jersey’s term for a felony). The degree of the felony increases with the value, up to a first-degree crime for amounts over $500,000, carrying 10-20 years in prison.
What is the main difference between theft and embezzlement?
It depends on the initial possession. In a standard theft, the property is taken without permission. In embezzlement, the property is lawfully entrusted to the defendant (e.g., by an employer or client), who then allegedly misappropriates it. Both are prosecuted under the same theft statute in New Jersey.
Can I go to jail for embezzling a small amount?
Yes. Embezzlement of property valued under $200 is a disorderly persons offense, which is a misdemeanor in New Jersey. It carries a potential sentence of up to six months in the county jail, along with fines and a permanent criminal record.
What are common defenses to an embezzlement charge?
Common defenses include lack of intent to deprive the owner (you intended to return the property), claim of right (a good faith belief you were entitled to the property), insufficient evidence, or that the dispute is civil (a breach of contract or debt) rather than a criminal matter.
Will I have to pay restitution if convicted?
Yes, restitution is almost always ordered also to any other penalty in an embezzlement conviction. The court will require you to repay the full value of the property that was taken as part of your sentence.