How to Build a Strong Defense Against Embezzlement Charges in Atlanta

Being charged with embezzlement in Georgia is a serious matter that can threaten your reputation, career, and future. Embezzlement—defined as the unlawful taking of funds or property by someone in a position of trust, such as an employee or fiduciary—is typically charged as a form of theft by conversion under Georgia law. If you’re facing allegations of embezzlement in Atlanta or the surrounding areas, building a strong legal defense is crucial. That is what our Atlanta Embezzlement Defense Attorneys at The Spizman Firm are here to help you with.

Understand the Charges

In Georgia, embezzlement is prosecuted under O.C.G.A. § 16-8-4, which covers theft by conversion. This statute applies when someone legally receives property but later converts it for their own use, contrary to the terms under which it was received. Common examples include misusing company funds, redirecting client payments, or falsifying financial records.

The severity of the charge—and the potential penalties—depends largely on the value of the money or property involved. In cases involving large amounts of public officials, the consequences can include felony charges, long prison sentences, and steep fines.

Key Strategies for a Strong Defense

1. Challenge the Intent Element
   Intent is a critical element in any embezzlement case. The prosecution must prove that you knowingly and willfully took the property for personal gain. If you made a bookkeeping error, misunderstood your role, or acted under the impression that the funds were rightfully yours, that can be a strong defense. Lack of intent can significantly weaken the state’s case.
2. Prove Authorization or Consent
   In some cases, the accused had explicit or implied permission to access or use the funds in question. Demonstrating that the actions were within the scope of your duties—or were approved by a supervisor—can cast doubt on the allegation of criminal misconduct.
3. Attack the Evidence
   Embezzlement cases often involve complex paper trails, emails, and financial records. These records may be incomplete, misinterpreted, or circumstantial. A skilled defense attorney can conduct an independent investigation, bring in forensic accountants, and challenge the credibility or accuracy of the prosecution’s evidence.
4. Negotiate When Appropriate
   In certain situations—particularly first-time offenses involving small sums—your attorney may be able to negotiate a plea agreement, diversion program, or restitution-based resolution that avoids jail time and preserves your record.
5. Assert Constitutional Rights
   If your rights were violated during the investigation—for example, through an unlawful search or coercive questioning—your attorney may be able to suppress evidence or seek dismissal of charges.

Don’t Wait to Get Help

Embezzlement charges are complex and require a tailored defense strategy. The earlier you consult with a criminal defense attorney, the more options you may have for resolving the case favorably.

At The Spizman Firm, we understand what’s at stake. Our experienced attorneys represent individuals across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you’re facing embezzlement charges, contact us today to schedule a confidential consultation and start building your defense.