You might have heard the terms “embezzlement” and “theft” in news headlines. While both involve taking something that does not belong to you, they are actually different crimes. Understanding the specific nature of these claims is crucial for your defense.
What is embezzlement?
Embezzlement often appears in professional settings. It happens when someone takes money or property they were trusted to handle at work. For instance, a bank teller gradually stealing money from their cash drawer, or an accounting manager creating false vendor payments to divert funds to their personal accounts.
What is theft?
Theft, on the other hand, is more straightforward. It is simply taking something that is not yours such as shoplifting from a store or stealing a parked car. Unlike embezzlement, no prior relationship or trust exists between the offender and the victim.
Penalties and consequences
Embezzlement usually has tougher penalties because it breaks trust. Federal cases can result in prison sentences up to 30 years. It can also lead to substantial fines, often doubling the amount embezzled and mandatory restitution. Embezzlement can also have professional consequences, including revocation of your license and lifetime restrictions in financial sectors.
Theft penalties are often less severe. It varies based on the property’s value, ranging from misdemeanor charges for smaller amounts to felony charges for higher-value thefts. These cases typically result in shorter prison sentences, lower fines and fewer long-term professional impacts.
Your possible defense strategies
Key elements of an effective defense strategy for your embezzlement case include:
- Demonstrating lack of criminal intent
- Proving authorization for financial transactions
- Challenging the state’s accounting evidence
- Negotiating pre-trial intervention programs (PTI) for first-time offenders
- Securing reduced charges through restitution agreements
Remember, New Jersey’s PTI program can be particularly valuable for first-time offenders. This program can potentially help you avoid a criminal record. However, acceptance into PTI requires prompt action and proper legal representation.
How legal guidance can help you
If you are facing embezzlement charges in New Jersey, contacting an experienced criminal defense attorney immediately can be valuable. They can evaluate the specific circumstances of your case and develop appropriate strategies based on whether you are facing embezzlement or theft charges.
Remember, the sooner you get legal help, the better your chances of protecting your future.