Embezzlement Defense Attorneys in New York & New Jersey
Accused of Embezzlement? Protect Your Career, Finances, and Reputation.
Embezzlement is a form of theft that involves the unlawful taking or misuse of money, property, or assets that were entrusted to you. Unlike traditional theft crimes, embezzlement usually arises in the context of employment, business relationships, or fiduciary duties. Both New York and New Jersey prosecute embezzlement aggressively, with penalties that can include prison, restitution, steep fines, and long-term damage to your professional reputation.
What Constitutes Embezzlement?
Examples of embezzlement may include:
- Diverting company funds into personal accounts
- Misusing corporate credit cards or expense accounts
- Skimming profits or altering financial records
- Misappropriating investment funds or client property
- Payroll or billing fraud schemes
In many cases, embezzlement charges are supported by financial audits, electronic records, and testimony from employers or business partners. Because these cases often involve complex evidence, building a defense requires attention to detail and a deep understanding of financial transactions.
New York Embezzlement Laws
In New York, embezzlement is prosecuted under the broader category of larceny (New York Penal Law Article 155). The severity of the charge depends on the value of the property taken:
- Petit Larceny (Misdemeanor): Property valued under $1,000; punishable by up to 1 year in jail.
- Grand Larceny in the Fourth Degree (Felony): $1,000–$3,000; punishable by up to 4 years in prison.
- Grand Larceny in the Third Degree: $3,000–$50,000; punishable by up to 7 years in prison.
- Grand Larceny in the Second Degree: $50,000–$1 million; punishable by up to 15 years in prison.
- Grand Larceny in the First Degree: More than $1 million; punishable by up to 25 years in prison.
New Jersey Embezzlement Laws
In New Jersey, embezzlement is prosecuted under theft by unlawful taking or deception (N.J.S.A. §2C:20). Penalties depend on the value of the property or funds misappropriated:
- Disorderly Persons Offense: Less than $200; punishable by up to 6 months in jail.
- Fourth-Degree Crime: $200–$500; up to 18 months in prison.
- Third-Degree Crime: $500–$75,000; 3–5 years in prison.
- Second-Degree Crime: More than $75,000; 5–10 years in prison.
Consequences Beyond Sentencing
Embezzlement carries consequences that go far beyond criminal penalties:
- Career Impact: A conviction can bar you from jobs involving finance, management, or public trust.
- Financial Consequences: Courts often impose restitution in addition to fines.
- Reputation Damage: Accusations alone can harm your professional and personal relationships.
- Collateral Penalties: Professional licenses, immigration status, and future business opportunities may be affected.
Defense Strategies
A strong embezzlement defense may involve:
- Challenging the accuracy of financial audits or records
- Demonstrating lack of intent to permanently deprive the owner of property
- Showing that the alleged acts were mistakes, accounting errors, or misunderstandings
- Contesting unlawful searches or improper seizure of evidence
- Negotiating repayment or restitution in lieu of harsh criminal penalties
Why You Need Experienced Representation
Embezzlement cases are often highly technical, involving forensic accounting and complex financial documents. Prosecutors build these cases carefully, and without skilled representation, the risk of conviction is significant. A defense attorney experienced in handling financial crimes in New York and New Jersey can protect your rights, challenge the prosecution’s case, and work toward minimizing or eliminating the charges.
