How is embezzlement defended under Georgia criminal defense law?

How is embezzlement defended under Georgia criminal defense law?

Georgia has no statute named embezzlement. It’s generally charged as theft by conversion under O.C.G.A. § 16-8-4, which applies when someone lawfully got funds under “an agreement or other known legal obligation to make a specified application” and “knowingly converts” them to their own use.

Defense points.

  • Authority. Was the spending allowed? Owner-employees and family businesses may have loose expense practices. The company’s past conduct can be important.
  • Known obligation. The state must prove a specific duty to apply the funds in a particular way. A general debt isn’t conversion.
  • Knowing conversion. A bookkeeping error isn’t enough, nor is poor management.
  • Who did it. With several people having access, logins and signatures matter.
  • Amount. Under § 16-8-12, the value sets the grade, and forensic accountants may disagree.

Presumption. Section 16-8-4(b) presumes intent when an officer or employee of a government or financial institution fails to pay on an account upon lawful demand. It doesn’t apply to everyone.

Time limit. Section 17-3-1(c) sets four years for most felonies, but § 17-3-2(2) excludes periods when the crime or the person is unknown, and (3) covers public officials and conversion of public property.

Related. Section 16-8-12(a)(3) raises the penalty for fiduciaries who steal, including up to 15 years in stated circumstances. Federal charges may apply if a bank or a federal program is involved.

Restitution and civil. Repayment can affect negotiations but isn’t a defense. The employer can sue, and a statement in that case may be used. A lawyer should see any “repayment agreement” before it’s signed.

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

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