New Jersey Embezzlement Lawyers

Proving embezzlement: evidence needed

embezzlement. The State must show that:

• • The defendant unlawfully took or misappropriated the alleged money or property, meaning the State must show that the money or property was in your possession

• • The defendant intended to deprive the owner of his or her property, meaning the State must show you knew you were stealing money or property that didn’t belong to you

Evidence could include the company’s financial statements, your personal bank statements, evidence you spent the money stolen, witness testimony, photographic evidence, and more.

Disproving embezzlement: your possible defenses

You can use a number of defenses to disprove embezzlement charges:

• • Duress – you acted under the threat or intimidation of someone else

• • Insanity – you were not mentally sound at the time of the event

• • Insufficient evidence – the State did not prove beyond a reasonable doubt that you are guilty

• • Absence of intent – you did not actually intend to steal money, and you thought the money belonged to you

• • The money actually belonged to you – if the original owner of the money or property transferred official ownership to you, you could not be found guilty of embezzlement