Embezzlement involves unlawfully taking funds or property entrusted by someone else, typically in a workplace or financial setting. Facing embezzlement charges can be a life-altering event.
New Jersey law treats embezzlement as a theft offense, and the penalties can be severe, including fines or even imprisonment. Understanding how to build a strong defense is important to protect your future.
Proving lack of intent
One of the most effective defense strategies is demonstrating a lack of intent. Embezzlement entails intentional wrongdoing. If you can show that the so-called embezzlement occurred due to a misunderstanding or an accounting error, this may weaken the prosecution’s case. Mistakes in financial management or confusion over authorization can support this defense.
Insufficient evidence
You may have an opportunity to challenge the evidence presented against you. The prosecution must prove that embezzlement occurred beyond a reasonable doubt. Examining financial records, reviewing workplace policies and questioning the credibility of witnesses can help identify weaknesses in the evidence. If the evidence does not clearly establish wrongdoing, you can advocate for a reduction or dismissal of the charges.
Authorization to use funds
A defense based on authorization can be effective if you can prove that you had permission to use the funds in question. Written or verbal agreements, past practices and company policies can support this claim. Demonstrating that transactions were within the scope of your job responsibilities may cast doubt on the allegations.
Duress or coercion
If you acted under duress or coercion, the primary fault of the crime does not rest with you. You can reduce your liability by proving that another party forced you to take funds via threats or pressure. Relevant emails, messages or witness testimony can support this defense.
Returning the funds
In some cases, returning the funds can show a willingness to correct any errors and may help in negotiations for reduced charges. While returning the money does not eliminate legal consequences, it can demonstrate good faith and reduce penalties.
Defending against embezzlement charges in New Jersey requires a strategic approach. Understanding the options available to you and building an appropriate case can help you protect your reputation and professional future.