How is embezzlement defended under Georgia criminal defense law?
Embezzlement in Georgia is generally prosecuted as theft by conversion under O.C.G.A. 16-8-4, which addresses the misuse of property a person lawfully obtained but was obligated to handle in a particular way. The defense approach centers on the nature of the obligation and whether a conversion actually occurred.
The structure of the offense is distinctive. Theft by conversion arises when a person, having lawfully obtained funds or property under an agreement or legal obligation to apply it in a specified way, knowingly converts it to their own use in violation of that obligation. The lawful initial possession distinguishes it from ordinary theft.
The existence and terms of the obligation matter. Because the offense depends on a known legal obligation regarding the property, the precise terms of any agreement and what they required can be central. A dispute over what an agreement actually obligated a person to do can bear on whether a violation occurred.
Intent and the use of the property are also examined. Whether funds were knowingly diverted in violation of an obligation, as opposed to used in a manner consistent with it or amid a genuine dispute, addresses the analysis. A good-faith disagreement over the handling of funds is distinct from a knowing conversion.
Defending a theft by conversion charge generally centers on the terms of the underlying obligation and whether the property was knowingly used in violation of it. The lawful original possession, the nature of the obligation, and the question of knowing conversion are the features that shape how such a case is approached.