What Is Theft by Conversion in Georgia?
Most people think of theft as physically taking something that doesn’t belong to you. But under Georgia law, theft can also occur when someone legally receives property but then unlawfully keeps or uses it for their own benefit. This is known as theft by conversion, a charge that can carry serious penalties. At The Spizman Firm in Atlanta, we help clients understand the laws surrounding theft by conversion and how to protect their rights when facing criminal charges.
Understanding Theft by Conversion
Theft by conversion is defined under O.C.G.A. § 16-8-4. It occurs when a person lawfully obtains property (such as money or goods) that belongs to someone else, but then converts it to their own use in violation of an agreement or legal obligation.
For example, if someone is entrusted with money to complete a job or manage funds for another person, and they use that money for personal expenses instead, they could be charged with theft by conversion. It commonly arises in situations involving:
- Business transactions
- Contractor agreements
- Rental or lease agreements
- Property entrusted for safekeeping
- Company or nonprofit funds misused by employees or officers
Key Elements of the Crime
To be convicted of theft by conversion, the prosecution must prove that:
- The accused lawfully received possession of the property.
- There was an agreement, contract, or legal obligation regarding how the property was to be used.
- The accused knowingly converted the property for personal use in violation of that agreement.
This charge can apply to both individuals and business owners, especially in cases involving misuse of funds or failure to deliver services or goods after payment.
Is Theft by Conversion a Felony or Misdemeanor?
The severity of the charge depends on the value of the property involved:
- If the value is $1,500 or less, it is usually charged as a misdemeanor.
- If the value exceeds $1,500, it can be charged as a felony, which carries harsher penalties.
- Repeat offenders or cases involving fiduciaries or public officials can also result in elevated charges.
Felony theft by conversion in Georgia may result in 1 to 10 years in prison, fines, and a permanent criminal record.
Potential Defenses to Theft by Conversion
A criminal charge does not guarantee a conviction. Common defenses include:
- Lack of intent to permanently convert the property
- Misunderstanding of the terms of an agreement
- Evidence that the property was used within the agreed-upon scope
- Mistaken identity or false accusation
Our experienced Atlanta Criminal Defense Attorneys can evaluate the facts, question the validity of the agreement, and challenge the evidence being used to prosecute the case.
Our Atlanta Team Is Here To Help
At The Spizman Firm, we have helped clients across Georgia fight theft charges and navigate complex legal issues related to theft by conversion. We proudly serve Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you’re facing this type of charge, contact us today to discuss your case and your legal options.
