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Embezzlement Defense in Newnan, GA

Accused of Embezzlement or Theft by Conversion in Georgia?

Being charged with embezzlement—legally referred to in Georgia as theft by conversion—is a serious matter. It means you’re being accused of misusing funds or property that were legally entrusted to you. These charges don’t just threaten your freedom—they can damage your reputation, career, and future long before you ever set foot in court.

At J. Ryan Brown Law, we understand what’s at stake. Whether you’re an employee, contractor, business partner, or someone in a position of trust, we know how to push back on the prosecution’s assumptions and protect your side of the story. If you’re facing embezzlement charges in Newnan or Coweta County, you don’t need judgment—you need an experienced criminal defense lawyer who’s ready to fight for you.

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What is Embezzlement in Georgia?

While the word “embezzlement” is commonly used, Georgia law does not use that term directly. Instead, cases of embezzlement are prosecuted under O.C.G.A. § 16-8-4, which defines theft by conversion.

Theft by Conversion: Legal Definition

According to Georgia Code § 16-8-4 (2024), theft by conversion occurs when:

  • A person lawfully obtains funds or property belonging to another, such as through an agreement or employment;
  • There is a known legal obligation to use or return those funds or property in a specific way;
  • And the person knowingly uses the property for their own benefit, violating the original agreement or obligation.

In other words, embezzlement isn’t taking property by force—it’s about misusing what was legally entrusted to you.

This could include:

  • Using business funds for personal expenses;
  • Failing to return leased or rented equipment;
  • Redirecting client or investor funds for unauthorized purposes;
  • Misappropriating charitable donations or trust assets.

Examples of Embezzlement in Georgia

Theft by conversion can arise in many everyday business and employment settings. Common scenarios include:

  • Bookkeepers or accountants accused of skimming company money
  • Employees charged with misusing corporate credit cards or payroll systems
  • Property managers accused of diverting rent payments
  • Contractors who receive advance payments and fail to perform or refund
  • Caregivers or guardians accused of spending a dependent’s funds on personal items
  • Tenants or lessees who rent equipment or vehicles and fail to return them

Even if the original transfer of funds or property was lawful, using it for a purpose not authorized by the agreement can give rise to criminal charges.

Penalties for Theft by Conversion in Georgia

The penalties for theft by conversion—Georgia’s version of embezzlement—depend largely on the value of the property or money involved.

General Penalty Structure (O.C.G.A. § 16-8-12)

Less than $1,500: Usually charged as a misdemeanor, punishable by:

  • Up to 12 months in jail
  • Up to $1,000 in fines

$1,500 to $5,000: Felony, punishable by:

  • 1 to 5 years in prison

$5,000 to $25,000: Felony, punishable by:

  • 1 to 10 years in prison

More than $25,000: Felony, punishable by:

  • 2 to 20 years in prison

Additional penalties may apply if the victim was a person over the age of 65 or if the alleged embezzlement involved government funds or public property.

Presumptions of Conversion

Georgia law also includes several presumptions that can strengthen the state’s case, including:

  • If a government employee or banker fails to disburse funds on demand, they may be presumed to have committed theft by conversion.
  • If a person fails to return leased or rented property within five days of receiving written demand, it can be presumed they intended to convert the property for their own use.

These presumptions shift the burden to the defense—making it even more critical to have a skilled attorney challenge the accusations.

Civil Consequences of a Criminal Charge

In addition to jail time and fines, a conviction for theft by conversion can lead to:

  • Restitution: Paying back the alleged amount stolen
  • Probation: Often lasting years, and not eligible to end until full repayment is made
  • Reputational damage: Especially for licensed professionals like financial advisors, accountants, or legal guardians
  • Loss of employment: Embezzlement charges often lead to termination or professional license suspension
  • Loss of public trust: Particularly harmful for people in fiduciary roles or public service

How We Defend Embezzlement and Theft by Conversion Charges

At J. Ryan Brown Law, we don’t take shortcuts when your future is on the line. We dig deep into the evidence, challenge assumptions, and focus on the weaknesses in the state’s case. Some common defense strategies include:

1. Lack of Criminal Intent

Embezzlement is a specific intent crime. The state must prove that you intended to violate the agreement and knowingly used the property or funds for personal gain.

We often show:

  • You believed you were authorized to use the funds;
  • You had a legitimate business purpose for the use;
  • You intended to repay the funds or resolve the issue;
  • The use was consistent with past practices or expectations.

2. Disputes Over Contract Terms

Many embezzlement cases stem from ambiguous contracts or vague verbal agreements. If the terms of the agreement were unclear—or if both sides understood them differently—criminal charges may not be appropriate.

3. Insufficient Evidence

If the prosecution can’t prove exactly how the funds were misused or when the alleged conversion occurred, we challenge the factual basis for the charges.

4. Illegal Search or Seizure

If law enforcement seized bank records, devices, or other evidence without a proper warrant or probable cause, we may move to suppress that evidence.

What to Do If You’re Accused of Embezzlement in Georgia

If you are under investigation, have been contacted by law enforcement, or have already been charged with theft by conversion:

  • Do not talk to police, employers, or investigators without legal representation
  • Do not attempt to “fix” the issue yourself—even well-intentioned efforts can be used against you
  • Gather all relevant documents, contracts, and communications
  • Call J. Ryan Brown Law immediately

We Represent Clients Across Coweta County and Beyond

Our Newnan-based law firm represents individuals and professionals throughout West Georgia who have been accused of embezzlement, theft by conversion, or other white-collar crimes. This includes clients in:

  • Newnan
  • Senoia
  • Grantville
  • Sharpsburg
  • Palmetto
  • Moreland
  • And surrounding communities

Whether you’re facing charges for the first time or you’ve been caught up in a complicated business dispute, we treat your case with the attention and strategy it deserves.

Why Choose J. Ryan Brown Law?

Here’s what makes us different:

  • We know Georgia theft law inside and out.
  • We treat you like a person, not a headline.
  • We prepare every case as if it’s going to trial.
  • We fight to protect your future—not just get a deal.

We understand the damage these charges can do to your name, your business, and your peace of mind. Let us help you push back with a strong defense, clear guidance, and honest answers every step of the way.

Call a Newnan Embezzlement Lawyer Today

The sooner you call, the more options we have. If you’re facing theft by conversion charges in Newnan or anywhere in Coweta County, don’t wait. Your future deserves more than guesswork or delay.

Contact J. Ryan Brown Law today for a confidential consultation. We’ll help you understand your rights, assess your legal options, and build a defense that works.

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