When you think of theft crimes, you may picture someone in a ski mask breaking into a home to steal valuable items or unsuspecting shoppers sneaking items into their jacket while in a store. However, theft crimes don’t always involve someone physically taking property. Theft can occur in a number of ways, including through manipulation, deceit, or fraud. As such, if you are facing an embezzlement offense in Georgia, it’s critical not only to understand the charges against you, but also how this matter is proven in court and the importance of working with a Cobb County criminal defense lawyer to help you fight the charges against you.
What Constitutes an Embezzlement Charge and How Is It Proven?
Embezzlement is a criminal offense and a type of white-collar theft crime in which someone misappropriates funds that they were entrusted with. Typically, embezzlement charges are brought against employees of a company who misuse company funds for their own personal gain. This differs from traditional theft, as the defendant was legally allowed to handle these funds.
For example, if someone works as a payroll director, they are responsible for ensuring that all employees are recorded and paid for their work. However, the payroll director may create a “ghost” employee, which is a fake person they can put on payroll to divert funds from the company. They will then take this “employees” wages for themself, warranting an embezzlement charge.
To prove that embezzlement has occurred, the first thing that must be established is the existence of a fiduciary relationship. Essentially, this means that the defendant was legally entrusted with the funds and had a responsibility to act in the best interest of the funds. Next, the prosecution must show that you acquired and assumed ownership of the property. Finally, it must be proven that this act was intentional and not an error.
What Are the Penalties if Convicted of This Offense?
Embezzlement is a serious crime with hefty penalties, which is why this matter should not be taken lightly. The charges you will face depend on the value of the assets embezzled. If they are worth less than $1,500, you can face a misdemeanor offense, carrying up to one year in jail and fines of up to $1,000. However, if the assets exceed $1,500, you’ll face a felony offense, with a minimum of one year in prison. The penalties you can face will increase based on the amount of money you have embezzled.
However, if you embezzled government property, this warrants a federal offense. If convicted, you can face up to ten years in a federal prison. In some instances, such as those involving banks, the penalties are much harsher, warranting up to thirty years in a federal prison.