Embezzlement in the Workplace: When a Mistake Turns Into a Felony

Embezzlement is one of the most serious white-collar crimes under Georgia law—and it often starts with what seems like a small mistake. You may have borrowed money from a company account with the intention of paying it back, or used a company credit card for personal expenses, not realizing the legal consequences. But in the eyes of the law, even a minor misuse of funds can escalate into a felony offense with life-changing consequences.

At The Spizman Firm, our Atlanta Embezzlement Defense Attorneys understand that good people can find themselves facing serious criminal charges over financial errors or poor judgment at work. Here’s what you need to know if you’re being investigated or have been charged with embezzlement in Georgia.

What Is Embezzlement?

In Georgia, embezzlement is prosecuted under theft by conversion, defined in O.C.G.A. § 16-8-4. This law makes it illegal for someone entrusted with another person’s property—such as money, goods, or assets—to convert it for personal use without permission. In the workplace, this can include:

• Taking money from a cash register
• Altering accounting records
• Redirecting company funds to personal accounts
• Using a company credit card for unauthorized purchases
• Falsifying payroll or expense reports

The key element is that the person had legal access to the property but used it in a way inconsistent with the rightful owner’s interests.

When Does It Become a Felony?

Under Georgia law, whether embezzlement is charged as a misdemeanor or felony depends largely on the value of the property taken:

• If the value is less than $1,500, it is typically charged as a misdemeanor.
• If the value is more than $1,500, it becomes a felony.
• Felony theft can carry 1 to 10 years in prison, plus restitution, fines, and probation.

Even if the amount is small, the circumstances—such as a breach of trust or a pattern of behavior—can influence prosecutors to pursue felony charges.

Intent Matters—But So Does Perception

Many clients we help had no intent to commit a crime. They may have planned to repay the money, misunderstood company policies, or believed they had approval. Unfortunately, Georgia prosecutors don’t always see it that way. Embezzlement charges often rely on paper trails, audit findings, and witness statements, and they can be filed even before a full internal investigation is completed.

How a Criminal Defense Attorney Can Help

If you’ve been accused of embezzlement, it’s critical to speak with a criminal defense attorney immediately—before speaking with your employer or investigators. Anything you say can be used against you, and trying to “explain the situation” could unintentionally admit guilt.

We examine the facts, challenge the evidence, and work to protect your rights. In many cases, we may be able to negotiate a resolution that avoids jail time, such as restitution, diversion programs, or reduced charges.

If you’re under investigation or have been charged with embezzlement in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, or Sandy Springs, contact The Spizman Firm today. We serve clients across Georgia and offer aggressive, strategic defense for professionals facing white-collar criminal charges.