New Jersey Misappropriation of Property Law

We represent clients charged with N.J.S.A. 2C:20-9; New Jersey misappropriation of property complaints and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.

This law only applies when the defendant has obtained or retained the property subject to an agreement or to a known legal obligation to make a specific payment or other disposition.

The state must prove that the defendant knew about the legal obligation to make the specified payments and the state must also prove purposeful conduct and that the defendant dealt with the property as his or her own - borrowing the money for personal use.

Hence, this offense occurs even if the victims are subsequently reimbursed.

The state must prove five elements for this offense.

First, defendant obtained or retained the property.

Second, the obtaining or retaining of property was the subject of an agreement or legal obligation to make a specified payment or disposition.

Third, defendant knew about the legal obligation.

Fourth, defendant dealt with the property as if it were his own.

Fifth, defendant's conduct was purposeful - defendant acted with a purpose to deal with the property as his own, knowing about the legal obligation.

If you have any questions for a New Jersey criminal defense lawyer about a New Jersey misappropriation of property charge, please do not hesitate to contact us.