Many think of embezzlement as a complex scheme involving a large business, but it can be as simple as a cashier taking money out of a register at work. If you have been charged with embezzlement, consult with a Newark embezzlement lawyer who could build the best possible defense for you based on the existing evidence in your case. An experienced fraud attorney could help you decide whether to accept a plea deal.
Embezzlement is the act of stealing money or property that was temporarily under the control of the embezzler. For example, a salesperson taking payment from a customer, reporting a lower amount to their employer, and keeping the difference would constitute embezzlement.
The difference between embezzlement and other types of theft lies in the fact that the person steals or misuses property they were trusted with. In New Jersey, embezzlement is not a separate crime but falls under New Jersey Statute 2C:20-3, theft by unlawful taking.
The penalties for theft, including embezzlement, are based on the amount taken. Embezzlement of a small amount under $200 is treated as a disorderly persons offense that can result in a $1,000 fine and up to a six-month jail sentence. Embezzling between $200 and $500 is a fourth-degree crime, potentially leading to up to 18 months in prison and a $10,000 fine. Embezzling between $500 and $75,000 is a third-degree crime, possibly resulting in a three to five-year prison sentence and up to a $15,000 fine. Larger-scale embezzlement involving more than $75,000 is a second-degree crime that can result in a five to 10-year prison sentence and a fine of up to $75,000. A skilled Newark attorney could review your case and explain what penalties you may be facing for your embezzlement charge.
Working with a lawyer after an embezzlement charge increases your chance of a good case outcome. A lawyer could review the prosecutor’s evidence and look for possible defenses. Common defense arguments for embezzlement include that the accused did not intend to steal the money or property or that they did not actually steal anything. For example, a lawyer could argue the accused simply misunderstood their company’s expense reimbursement policy or made an accounting error. If any evidence was obtained illegally, an attorney could challenge its admissibility.
Additionally, when accused of a crime, it is surprisingly easy to make mistakes, like inadvertently admitting guilt or acknowledging circumstances that establish guilt. An experienced Newark embezzlement attorney could help you avoid these errors. In many cases, defendants can accept a plea deal, and a lawyer will be able to determine when this is a good idea and when to move forward with a trial.
If you have been charged with embezzlement, securing strong legal representation is essential. The penalties for an embezzlement conviction include prison time and large fines. Afterward, getting a job can be difficult, especially if the embezzlement happened at work. A Newark embezzlement lawyer could help you get the best possible outcome in your situation. Contact the Law Office of Eric M. Mark to discuss your legal options today.
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