Potential Penalties for Embezzlement in Georgia
Embezzlement is a serious white-collar crime in Georgia that can result in severe penalties, including fines, restitution, and prison time. Whether the accused is an employee handling company funds, a business executive, or a public official, an embezzlement conviction can have long-term consequences on one’s career, financial stability, and reputation.
Our Atlanta Embezzlement Defense Attorneys at The Spizman Firm can help those facing allegations protect their rights and avoid conviction.
What Is Embezzlement in Georgia?
Embezzlement falls under Georgia’s theft laws (O.C.G.A. § 16-8-2) and occurs when someone fraudulently takes or misappropriated money or property that was entrusted to them. Unlike robbery or burglary, embezzlement typically involves someone who had legal access to the funds or assets but unlawfully converted them for personal use.
Common Examples of Embezzlement:
- An employee siphoning money from a company’s accounts
- A financial advisor diverting client investments for personal gain
- A nonprofit treasurer using donated funds for unauthorized expenses
- A cashier repeatedly taking money from a register over time
- A government official misusing public funds
Penalties for Embezzlement in Georgia
The severity of the penalties for embezzlement depends on the value of the stolen funds or assets. Georgia classifies theft crimes based on the amount misappropriated:
- Misdemeanor Embezzlement (Under $1,500)
- Considered a misdemeanor
- Punishable by up to 12 months in jail
- Fines up to $1,000
- Possible probation and restitution
- Felony Embezzlement ($1,500 or More)
For embezzlement cases involving more than $1,500, the penalties increase significantly:
- $1,500 – $4,999 → 1 to 5 years in prison
- $5,000 – $24,999 → 1 to 10 years in prison
- $25,000 or more → 2 to 20 years in prison
In addition to prison time, felony embezzlement can result in:
- Hefty fines (amount determined by the court)
- Mandatory restitution (repaying the stolen money)
- Probation with strict conditions
- Permanent criminal record, which can impact employment opportunities
Aggravating Factors That Increase Penalties
Certain circumstances can worsen embezzlement charges, leading to harsher sentencing:
- Theft from a government agency or nonprofit
- Involvement in organized fraud schemes
- Multiple offenses over time
- Theft that bankrupts a company or individual
How to Avoid an Embezzlement Conviction
If you are accused of embezzlement, it is crucial to take the right legal steps to protect yourself. Possible defenses include:
- Lack of Intent
Embezzlement requires intentional misconduct. If you can show that the money was taken by mistake or due to clerical errors, this may help dismiss charges.
- Insufficient Evidence
The prosecution must prove beyond a reasonable doubt that you knowingly stole funds. If the evidence is weak or based on assumptions, your attorney can challenge the case.
- Consent or Authorization
If you had permission to use the funds and there was a misunderstanding about their purpose, this could serve as a defense.
- Duress or Coercion
If someone else pressured or threatened you into misappropriating funds, this could be a mitigating factor in your defense.
- Negotiating a Plea Deal
In some cases, an attorney may be able to negotiate a reduced charge (such as misdemeanor theft) or alternative sentencing, such as:
- Restitution agreements to repay stolen money
- Diversion programs to avoid jail time
- Probation instead of prison
Consult an Experienced Georgia Criminal Defense Attorney
Embezzlement charges can destroy your future, but with the right legal defense, you may be able to avoid conviction or minimize penalties. At The Spizman Firm, we aggressively defend individuals facing white-collar crime allegations.
Our firm serves clients throughout Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a consultation and let us help protect your rights and your future.
