What is Considered Embezzlement in Georgia? Breaking Down the Law

Embezzlement is one of the most commonly misunderstood white-collar crimes in Georgia. While many associate it with corporate fraud or high-level financial theft, embezzlement can occur in a wide variety of settings—including small businesses, non-profits, and even within families. Understanding what constitutes embezzlement under Georgia law is essential if you or someone you know is under investigation or facing charges. That is what The Spizman Firm is here for.

Defining Embezzlement Under Georgia Law

Georgia does not have a specific statute labeled “embezzlement.” Instead, embezzlement falls under the broader category of theft by conversion, which is defined in O.C.G.A. § 16-8-4. A person commits theft by conversion when they lawfully obtain someone else’s property—usually in a position of trust—but then knowingly convert it for their own use without permission.

In other words, if you are entrusted with property or money for a specific purpose and you use it for something else or keep it for yourself, you may be charged with embezzlement.

Common Examples of Embezzlement in Georgia

Embezzlement can take many forms, including:

• An employee skimming money from a cash register or bank deposit
• A bookkeeper manipulating records to divert funds into a personal account
• A trustee or guardian using a beneficiary’s funds for personal expenses
• A contractor taking an advance payment for materials and never delivering the services

In each case, the key element is that the accused had legal access, not ownership—and they used that access to misappropriate the property.

Penalties for Embezzlement in Georgia

The severity of an embezzlement charge in Georgia typically depends on the value of the property or money taken:

• Misdemeanor Theft by Conversion: If the value is less than $1,500, the offense is generally a misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000.
• Felony Theft by Conversion: If the value is over $1,500—or in certain cases involving breach of fiduciary duty or public office—it may be charged as a felony, with penalties ranging from one to 10 years in prison.

In addition to jail time, a conviction can result in restitution payments, probation, community service, and a criminal record that can impact future employment and financial opportunities.

Defending Against Embezzlement Charges

A strong legal defense can make all the difference. Our experienced Atlanta Criminal Defense Attorneys thoroughly examine the circumstances of your case to determine:

• Whether there was a misunderstanding or lack of intent
• If there is insufficient evidence of conversion
• Whether someone else may have committed the act
• If the prosecution has violated any of your constitutional rights

Embezzlement cases often involve complex financial records and sensitive employment relationships, so it’s crucial to have a legal team experienced in white-collar defense by your side.

Contact The Spizman Firm for a Confidential Consultation

If you are being investigated or have been charged with embezzlement in Georgia, don’t wait to seek experienced legal help. The team at The Spizman Firm is here to protect your rights and defend your future. We proudly serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today to schedule your free consultation.