Theft and Embezzlement Attorneys

If you have been charged with theft or embezzlement, you may be worried about your future and unsure of what comes next. Theft and embezzlement charges can significantly impact your life, affecting everything from your personal freedom to your future employment prospects.

At Dughi, Hewit & Domalewski, our experienced criminal defense attorneys understand the gravity of your situation. We are committed to providing a vigorous defense and personalized guidance to ensure your rights are preserved.

What are theft and embezzlement?

Understanding the distinctions between theft and embezzlement is crucial, as each term denotes a specific type of property crime that carries different legal implications.

Although theft and embezzlement are both commonly associated with unlawful property acquisition, the circumstances and methods that define these crimes are distinct, impacting their prosecution and defense. A clear comprehension of these differences can help you navigate the legal landscape.

What is theft?

Theft is defined as taking another party’s property without permission with the intent of depriving the party of their personal property. Theft encompasses many criminal offenses in New Jersey, including.

Embezzlement
Shoplifting
Robbery
Receiving stolen property
Theft by deception
Burglary
Theft by extortion
Auto theft/carjacking
Theft of services
Armed robbery/robbery
Theft of wrongfully delivered property

What is embezzlement?

Embezzlement is a specific type of property theft that involves an individual with a fiduciary deputy to the property owner. In this scenario, the perpetrator never had legal ownership of the property and was not permitted to use it for themselves or their benefit.

Instead, the property owner gave the property or access to it to the accused so they could manage or monitor the property. Examples include:

Misappropriation of company funds: When an employee or executive secretly transfers company money into their personal account.
Payroll fraud: Creating fictitious employees and collecting their paychecks, or manipulating timekeeping to gain extra wages.
Ponzi schemes: Using funds from new investors to provide returns to earlier investors.
Ghost employees: Paying an employee who does not exist on the company payroll and secretly funneling the paycheck to the embezzler.
Expense reimbursement fraud: Overstating business expenses and pocketing the difference when reimbursed.
Vendor fraud: Collaborating with vendors to overbill the company and splitting the extra charge.
Inventory shrinkage: Stealing physical goods from the company and reselling them for personal profit.

In both theft and embezzlement crimes, a person unlawfully seizes property belonging to another person. The perpetrator does not have to keep the property to be guilty of the crime. Instead, what matters is the act of taking the property and the intent to do so.

Criminal charges of theft and embezzlement can stand regardless of what the person did with the item or money after the fact, but the actions of the individual could also result in additional criminal charges (for example, stealing money from an employer and buying drugs).

The legal consequences of theft and embezzlement

The legal consequences of a theft or embezzlement conviction include fines and jail time. Theft convictions may also result in restitution.

A conviction for theft and embezzlement results in a criminal record. Therefore, your conviction could damage your prospects for future employment. Theft and embezzlement convictions are red flags for employers running background checks.

Embezzlement allegations can severely damage a person’s reputation, especially if that individual holds public office or is in a position of authority at an organization or business.

Working with an experienced theft and embezzlement lawyer in New Jersey is the best way to manage the legal consequences of allegations of theft and embezzlement.

A theft and embezzlement attorney may be able to mount potential defenses including:

Lack of intent to take or use the personal property or funds
A good-faith belief you had legal ownership of the property
Owner’s permission to use the property or funds for your own purposes
Entrapment by law enforcement coercing you to misappropriate property
Acting under duress or threat of harm
Lack of sufficient evidence to prove the required legal elements of embezzlement or theft
Mistaken identity (if you were not the person who took the property)

Your attorney may also question the value of the stolen property in an attempt to reduce the charges, which could result in a lesser sentence.

Sentencing for theft and embezzlement

It’s crucial to understand the sentencing for theft and embezzlement charges. This insight not only helps anticipate legal consequences but also sheds light on the severity of these offenses.

Prosecuting theft and embezzlement charges

Proving theft charges in New Jersey is complex, and the prosecution may need to prove different elements depending on the specific charges in question. Generally speaking, the following must be proved:

Unlawful taking: The defendant intentionally took or moved someone else’s property without their consent.
Intent to deprive: The defendant intended to deprive the owner of their property either temporarily or permanently.

Control over property: The defendant exercised unlawful control over the property, either temporarily or permanently.

In cases involving embezzlement charges, the prosecution must prove the following:

That the defendant purposely obtained or retained the property
That the defendant did so upon agreement, or subject to legal obligation
That this agreement or legal obligation required the defendant to make a specified payment or other disposition from the property itself or its proceeds, or from his own property to be reserved in an equivalent amount
That this legal obligation was known to the defendant
That the defendant purposely dealt with the property as if it were his own
That the defendant purposely failed to make the required payment or disposition

The burden of proof for both theft and embezzlement charges rests upon the prosecution, which must present evidence that fulfills all the necessary criteria for each corresponding charge. Failure of the prosecution to meet these high standards of evidence may lead to a dismissal of charges or acquittal.

Penalties for theft and embezzlement charges

Penalties and charges for theft and embezzlement are based on the value of the stolen property, but may include:

Up to six months in jail and maximum fines of $1,000 for embezzlement of less than $200 (this constitutes a disorderly persons offense)
Up to 18 months in prison and maximum fines of $10,000 for embezzlement of $200–$500 (a fourth-degree crime)
Up to five years in prison and maximum fines of $15,000 for embezzlement of $500–$75,000 (a third-degree crime)
Up to ten years in prison and maximum fines of $150,000 for embezzlement of more than $75,000 (a second-degree crime)

The type of property embezzled can impact sentencing. For example, embezzling health care funds from a long-term care facility may result in different penalties than inventory shrinkage in a retail store.

Your attorney can help you understand what specific outcomes you might be facing and identify the right strategy for your case.

Consult with a theft and embezzlement lawyer in New Jersey

There could be one or more defenses to theft and embezzlement matters. An experienced New Jersey criminal defense lawyer can help you understand the charges you are facing and explore your options in a strategic and informed way.

Contact Dughi Hewit & Domalewski to schedule a consultation with a New Jersey embezzlement lawyer. Whether you’re under investigation or have been arrested, you need skilled legal counsel to help you protect your rights.

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