The crime of embezzlement is one of many "white collar" crimes. This is a category that refers to theft or fraud-related offenses that are nonviolent. The perpetrators are generally motivated by financial gains and tend to be involved in business or government.
Embezzlement offenses under the New Jersey statutes are charged as theft offenses. Several key elements constitute embezzlement. The crime is committed by someone that has been entrusted, such as a fiduciary. These offenses are committed with intent and deprive the rightful owner.
Grading of Theft Offenses (2C:20-2)
The severity or level of an embezzlement offense is based on the overall value of the property involved in the theft. Offenses that involve certain types of property are also “upgraded” or enhanced.
Second Degree
- The theft involved a value that exceeds $75,000
- The property taken was acquired through means of extortion
- The property taken was more than one kilogram of a controlled substance(s)
- The property was a type of government benefit with a value greater than $75,000
- The offense was committed by a fiduciary and had a value greater than $50,000.
Third Degree
- The value of the theft is between $50,000 and $75,000
- Involved property such as a firearm, aircraft, motor vehicle, or domestic animal
- The stolen item was a controlled substance in a quantity of less than one kilogram
- The property is physically taken from someone's person
- The offense is committed by a person in a position of trust (fiduciary) and the total value is less than $50,000.
- The perpetrators used threats or intimidation (excluded extortion)
- The stolen property was a type of public record, property designated for research purposes, blank prescription pad, access-control devices, or an ingredient for the manufacturing of methamphetamine
- If the stolen property is a type of government benefit with a value of greater than $50,000
Fourth Degree: The total value of the items stolen ranged from $200 to $500.
Disorderly Person Offense: Total value of the items was under $200 or a component of an “electronic vehicle identification system”
|
Level of Criminal Offense |
Maximum Incarceration |
Maximum Fine |
|
Second Degree |
10 years |
Up to $150,000 |
|
Third Degree |
5 years |
Up to $15,000 |
|
Fourth Degree |
18 months |
Up to $10,000 |
|
Disorderly Person Offense |
6 months |
Up to $1,000 |
Possible Affirmative Defenses
A defendant may assert they were not aware that the property involved belonged to someone else. The defendant may claim that they believed that their actions were proper based on the scope of normal duties or that the owner would have granted consent. In cases where the property is up for sale, the offender may acknowledge taking possession of the property; however, claim that they intended to pay the owner for it.
Venues for Criminal Cases in Gloucester County
Gloucester County has roughly 23 Municipal Courts operated at the city or township level. Municipal Courts in New Jersey have limited jurisdiction, handling only disorderly person offenses, motor vehicle and parking violations, and local ordinance offenses. More serious criminal cases at transferred to the Superior Court at the county level.
Gloucester County Courthouse
1 North Broad St.
Woodbury, NJ 08096
856-878-5050
Legal Representation for New Jersey Theft Offenses
When facing serious criminal allegations, it is essential to retain experienced defense counsel. The Lento Law Firm will create a comprehensive strategy of defense geared toward achieving positive outcomes. Contact the office for a consultation by calling (888) 535-3686.
