If you are facing embezzlement accusations in Georgia, it is important to understand how the state’s laws distinguish it from theft. While both crimes involve taking property that does not belong to the accused, the circumstances and legal definitions of these offenses differ significantly.
Knowing the distinction will help you prepare an appropriate defense for the charges against you.
Theft in Georgia
In Georgia, theft occurs when someone unlawfully takes or converts another person’s property with the intent to permanently deprive the owner of that property. The key element in theft cases is the unlawful taking of property without the owner’s consent. Examples of theft include shoplifting, stealing a car or taking someone’s personal belongings without permission.
Theft can be a misdemeanor or a felony, depending on the value of the stolen property. If the value is less than $500, the crime is typically considered a misdemeanor. If the value exceeds $500, the crime may escalate to a felony, leading to more severe penalties.
Embezzlement in Georgia
Embezzlement, on the other hand, involves a breach of trust. In an embezzlement case, the accused legally possesses or has access to the property but misappropriates it for personal gain. This crime often occurs in situations where an employee or fiduciary has the authority to handle money or assets and then uses those assets for their own purposes.
For example, an employee who has access to a company’s bank account and transfers funds into their personal account without authorization would be committing embezzlement. The crime of embezzlement relies on the existence of a relationship of trust between the accused and the property owner. The violation of that trust is what separates embezzlement from other forms of theft.
The legal system treats these acts of stealing differently, with distinct consequences for each. Awareness of these distinctions can help in navigating the legal process and in understanding the nature of the charges involved.
