Sandy Springs Embezzlement Lawyer
Embezzlement is a type of theft by conversion. Conversion occurs when you have legal possession of someone else’s money or property, which you have agreed to return to the owner or use as the owner specifies, but you proceed instead to assume ownership of it by “converting” it to your use. The offense, strictly speaking, can arise from seemingly routine actions such as carrying office supplies home from work in a briefcase.
If you face an embezzlement charge, you may wonder what the prosecution has to do to obtain a conviction, or whether the circumstances underlying the charge might offer a valid defense against it. These are questions that could be answered productively by a capable Sandy Springs embezzlement lawyer. To begin discussing the circumstances of your case, reach out to a knowledgeable attorney today.
Laws Regarding Embezzlement and Theft by Conversion Offenses
According to §16-8-4 of the Official Code of Georgia Annotated, theft by conversion, an offense that encompasses embezzlement, occurs when someone lawfully obtains the funds or other property of another person, including leased or rented property, and knowingly converts that property into their own use rather than disposing of it as required by a legal obligation or agreement.
Under these circumstances, when an officer or employee of either a financial institution or the government receives a lawful demand to use property or funds held for another to pay on some account, but they do not do so, the law presumes that they intended to convert the property to their own use. Their failure to obey such a demand therefore constitutes theft by conversion. Someone in Sandy Springs charged with, but uncertain as to the details of such an offense, may seek clarification and counsel from an attorney experienced in defending embezzlement cases.
Conversion of Property Leased or Rented
The law presumes that when someone has leased or rented personal property with a replacement value greater than $100, and does not return it within five working days after the owner mails a letter demanding its return, they have converted the property to their own use and thus violated the lease or rental agreement. When a court orders the payment of replacement costs, such costs may include:
- The market value of the property,
- Rental charges accruing from the execution of the rental agreement until the time of the trial or the recovery of the property and;
- Monthly interest on the unpaid balance at the current legal rate.
In a case of theft by conversion of leased or rented property, any probation ordered must continue until the convicted individual pays full replacement costs for the property as well as any related charges. The court will further order the reimbursement of any expenses incurred by the property owner for locating the lessor or renter. Someone charged with theft by conversion in Sandy Spring for possessing property and failing to return it to its legal owner could assess the strength of the charge against them and any potential penalties they may face by scheduling a consultation appointment with an embezzlement lawyer.
Reach out to a Sandy Springs Embezzlement Attorney today
Whatever circumstances led to your theft by conversion charge, in Sandy Springs or elsewhere, someone familiar with embezzlement law could assist you in framing them to your advantage. Contact a Sandy Springs embezzlement lawyer for help with building a strong defense.