What Is Theft by Conversion in Georgia? Theft Charges Explained

What Is the Definition of Theft in Georgia?

Theft in Georgia is the unlawful taking of another person's property. The crime also covers the unlawful use of property you already hold. Either way, the taker must intend to deprive the owner of it. That intent to deprive sits at the heart of every theft charge in this state. Georgia folded several old common law crimes into a single group of theft offenses. Those crimes were larceny, embezzlement, false pretenses, and conversion. The offenses live in Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated. The theft offense definitions open that article.

Georgia has no charge called grand larceny. What other states call grand larceny is charged here as a felony grade theft offense. The value of the property sets the grade under Georgia's theft penalty tiers. Both federal and Georgia state theft crimes exist. Federal charges track a narrow set of fact patterns, such as robbing a federally insured bank.

Our guide on how to beat a theft by taking charge in Georgia helps after an arrest. That guide explains what prosecutors must prove. The guide also covers which defenses actually work. This page walks through six offenses: theft by conversion, theft by taking, theft by deception, theft of services, theft by receiving stolen property, and robbery.

What Is Theft by Conversion in Georgia?

Theft by conversion is a Georgia crime with two stages. A person lawfully receives money or property under an agreement to use it a certain way. The person then knowingly keeps it or spends it on something else. The theft by conversion statute controls. Possession starts out legitimate. That fact separates this offense from theft by taking.

The state must prove three things:

1. The accused lawfully obtained funds or other property of another, including leased or rented personal property.
2. The accused held it under an agreement or other known legal obligation to make a specified application of the funds or a specified disposition of the property.
3. The accused knowingly converted the funds or property to his or her own use in violation of that agreement or obligation.

The word "knowingly" carries real weight. Georgia courts look past the missed deadline. They ask whether the accused made a conscious choice to divert what belonged to someone else. That is how courts define theft by conversion. A failed business, a cash flow crunch, or a real accounting dispute is not automatically a crime.

So the theft by conversion meaning under Georgia law turns on what happened after lawful possession began. Older Georgia opinions and several other states use the term larceny by conversion for the same conduct. Many people still search that phrase. Elsewhere the crime goes by embezzlement.

Not every broken deal fits the statute. Some deals are really a purchase financed under a security agreement. The seller keeps title as security for the price. The fallout then looks like a repossession or contract matter rather than a theft case.

The statute also builds in presumptions that can hurt an accused person. One presumption covers an officer or employee of a government or a financial institution. When such an officer fails to pay over funds held for another on lawful demand, the law presumes an intent to convert. A second presumption covers leased or rented personal property. Failing to return the item within five business days after a certified mail demand creates a presumption of knowing conversion.

Theft by Conversion Examples: Contractors, Rentals, and Fiduciaries

Most conversion cases fall into a handful of patterns. These files often start as a civil demand letter. Only later does someone walk into a magistrate court and apply for a warrant.

Contractors and home improvement. A remodeler takes a $10,000 draw set aside for materials and subcontractors. The remodeler then spends it on an earlier job that ran over budget. Georgia has a contractor specific statute for this. A separate statute covers conversion of contractor payments received for improvements to real property. That statute requires intent to defraud. The punishment is one to five years, or misdemeanor treatment in the judge's discretion. Failure to pay for that labor or those materials is prima facie evidence of intent to defraud. Prosecutors sometimes charge that statute instead of, or alongside, theft by conversion.

Rented and leased property. A customer keeps a rental car, a piece of equipment, or a rent to own television past the end of the term. The customer then ignores the demand for its return. That written demand matters. Prosecutors often use it to show the failure to return was knowing rather than an oversight.

Fiduciaries, bookkeepers, and agents. A bookkeeper, office manager, property manager, estate executor, or business partner diverts entrusted funds. Other states call that embezzlement. Georgia charges it as theft by conversion.

Deposits and prepayments. A seller or service provider accepts a deposit earmarked for one purpose and applies it somewhere else. Wedding vendors, movers, and equipment suppliers face these accusations often.

Is Theft by Conversion a Felony in Georgia?

Theft by conversion can be a felony. The offense carries no penalty range of its own. Grading runs through the general theft penalty statute. The value of the property converted drives the result:

• $25,000 or more: two to 20 years in prison
• At least $5,000 but less than $25,000: one to ten years, and the trial judge may punish it as a misdemeanor
• More than $1,500 but less than $5,000: one to five years, and the trial judge may punish it as a misdemeanor
• $1,500 or less: misdemeanor, though a defendant with two prior theft convictions can face one to five years

A theft by conversion felony charge usually turns on the dollar figure the state believes it can prove. That is why value is worth fighting over.

Two other rules matter. Georgia courts allow separate acts to be joined into a single count. The acts must form part of one scheme or course of conduct. That is how a series of small repeated diversions becomes felony exposure. A judge can also order restitution on top of any sentence. Restitution often shapes the talks from day one.

One enhancement matters in conversion cases. Theft by a fiduciary in breach of a fiduciary obligation, or by an officer or employee of a government or a financial institution, carries one to 15 years under the same Code section.

Actual outcomes depend on the charge, the value proven, and the defendant's record. The county and the judge matter too. Defendants should talk with a lawyer about their own facts rather than rely on a range read online.

Defenses to a Theft by Conversion Charge in Georgia

No defense works in every case. Whether any of these applies depends on the specific facts and the county. The evidence the state can put in front of a jury matters just as much.

No knowing conversion. The state must prove the accused knowingly converted the funds. Money that ran out or a business that failed may show poor management. Records that were never kept well point the same way. Neither one proves criminal intent.

No specified application or disposition. Theft by conversion requires an agreement or known legal obligation to apply the funds a particular way. A deal that never created that duty leaves a core element missing. The fight then belongs in civil court.

Claim of right. A good faith belief that the accused was entitled to the money can defeat intent. Offsets for unpaid work and disputed partnership draws often raise this issue.

Secured commercial transactions and ordinary debt. Some deals create a normal debtor and creditor relationship. In others, a seller kept title as security for the purchase price. Either way, the dispute usually looks like collection or repossession rather than theft.

Valuation challenges. Contesting the state's dollar figure matters most at the tier boundaries. Dropping below a threshold can turn a felony into a misdemeanor.

Statute of limitations. Under Georgia's criminal statute of limitations, felony theft cases generally must begin within four years. Misdemeanors must begin within two. Longer periods apply for certain victims, and tolling rules can extend those windows.

Suppression and constitutional challenges. How investigators got bank records, phones, laptops, or statements can decide a case before trial.

A lawyer should review the actual file. Self-diagnosis from a website is not a defense strategy.

Conversion vs Theft: Civil Disputes and Criminal Charges

Conversion in the civil sense is a tort, not a crime. The tort is the wrongful exercise of control over someone else's personal property. A Georgia owner may sue under the civil conversion statute, which protects the right to possess personal property. That owner may ask for the value of the property plus other damages. No jail exposure exists. The owner only has to win by a preponderance of the evidence.

Criminal theft by conversion works differently. Under the criminal statute, the state must prove every element beyond a reasonable doubt. That includes a knowing conversion that violated a specific agreement or legal obligation.

That gap is the heart of the conversion vs theft question. The same facts can support both. A civil judgment does not require criminal intent. One common defense is that the matter is a contract or accounting dispute. That kind of dispute belongs on the civil docket rather than in a criminal courtroom.

The reverse point deserves attention too. Paying the money back does not by itself erase a criminal charge. Prosecutors keep discretion over whether to proceed. Still, restitution before indictment often affects how a prosecutor uses that discretion. Restitution can also matter at a warrant application hearing before a magistrate. Where the case lands shapes the timeline as well. Misdemeanor theft usually stays in state court, while felony theft moves to superior court.

Penalty for Theft Varies by Type and Severity of the Crime

The penalty depends on the severity of the charge. A person may face heavy fines and court-ordered restitution. Long periods of jail time are also possible. Knowing these degrees of theft matters, because that knowledge shows what a charge can cost. Online theft crimes are rising fast. Credit card theft and fraud are common examples. Police now treat these cases as a priority. A phone call from police may come first, or an arrest may follow. The right step is to say nothing and call an experienced theft attorney near me right away. Our attorneys also explain how these theft laws apply in Cherokee County cases.

What Is Theft by Deception in Georgia?

Theft by deception happens when a person obtains property by deceitful means or artful practice. The person must intend to deprive the owner of that property. Theft by deception is its own statutory offense. The state must prove the accused acted intentionally, not carelessly.

The statute lists specific ways a person is deemed to deceive. One is creating or confirming a false impression the accused knows to be false. Another is failing to correct a false impression he or she created earlier. A third is selling or transferring property while hiding a lien, adverse claim, or other legal impediment. Promising services the person never intends to perform also counts.

Two examples show up constantly. Internet scams push older adults into wiring money overseas under false pretenses. Card skimmers hidden on gas pumps capture account data that someone else later spends.

The boundary between deception and conversion turns on when the dishonesty started. Taking money for a job the person never intended to perform points to deception. Taking money for a job the person did intend to perform points elsewhere. Spending those funds on something else points to conversion.

Penalties can climb sharply. Theft by deception is graded on the same value tiers as the other theft offenses in the article. Our Marietta team also defends related charges such as theft by receiving stolen property.

Types of Theft Charges: Felony or Misdemeanor Theft in Georgia

The misdemeanor or felony label does not come from which theft statute the state picked. That label comes from the value of the property and the defendant's prior record. Five offenses run through the same grading rules. Those are theft by taking, theft by deception, theft by conversion, theft of services, and theft by receiving stolen property.

As of 2026, the value tiers work like this:

• $25,000 or more: felony, two to 20 years in prison
• At least $5,000 but less than $25,000: felony, one to ten years, and the trial judge may punish it as a misdemeanor
• More than $1,500 but less than $5,000: felony, one to five years, and the judge may punish it as a misdemeanor
• $1,500 or less: misdemeanor, though a third conviction after two prior theft convictions can bring one to five years

A Georgia misdemeanor carries up to 12 months and a fine. A felony theft conviction adds prison exposure plus the lasting weight of a felony record. Online and credit card theft now draws heavy police attention. That focus means more digital evidence and tougher charging decisions. The same defense approach applies to receiving stolen property cases charged in Lawrenceville and greater Gwinnett County.

Robbery and armed robbery are not theft offenses, though people often group them together. Armed robbery carries life imprisonment or a term of not less than ten nor more than 20 years.

The Crime of Theft by Taking Covers More Than Shoplifting

The first type of theft charge is theft by taking. A person commits theft by taking when he or she unlawfully takes, or being in lawful possession of it unlawfully appropriates, any property of another with the intention of depriving the owner of that property. The statute applies regardless of the manner in which the property is taken or appropriated.

That last phrase makes this Georgia's catch all theft charge. The charge reaches shoplifting and taking from an employer. The charge also covers taking from a residence without a burglary entry. Package theft from a front porch counts too. Shoplifting is one of the crimes our shoplifting attorneys handle often. Large retail chains generate many of these cases.

Here is the contrast most readers come looking for. Theft by taking starts with an unlawful taking. Theft by conversion starts with lawful possession that later turns unlawful. Theft by deception involves property obtained through a false impression created at the outset.

Theft by taking is graded by the same value tiers. Those tiers apply to every other theft offense in the article.

Theft of Services and Receiving Stolen Property

Theft of services is its own offense. A person commits it by using deception with intent to avoid payment. The target must be services, accommodations, entertainment, or the use of personal property. That property must be available only for compensation.

Georgia examples turn up every week. A guest checks out of a hotel without settling the bill. A diner walks out on a restaurant tab. A homeowner tampers with a utility meter or a cable connection to keep service running for free. A passenger arranges transportation and then dodges payment. A roofer works all day on a promised job and never sees a dime.

Theft by receiving stolen property is a separate offense. The state must show the accused received, disposed of, or retained stolen property. The accused must have known or should have known the property was stolen. The state must also show no intent to restore it to the owner. Grading follows the same tiers. Property worth $25,000 or more brings two to 20 years. At least $5,000 but less than $25,000 brings one to ten years. More than $1,500 but less than $5,000 brings one to five years. Property valued at $1,500 or less is a misdemeanor.

Firearms change the picture. Possession of a stolen firearm can trigger separate charges and separate exposure beyond the theft grade itself.

Armed Robbery Is a Serious Felony

Armed robbery is like theft with one key difference. The person must use a weapon or a replica weapon during the crime. The sentence in Georgia for the felony offense of armed robbery is life imprisonment. The other option is not less than 10 years and not more than 20 years. The State of Georgia must prove the presence of a weapon. Armed robbery is one more of the Georgia theft charges a person may face. Anyone facing these theft charges in Georgia should contact an attorney as soon as possible. An experienced lawyer can build a solid defense. That work may reduce or dismiss the penalties tied to the charge.

Speak With a Georgia Theft by Conversion Defense Lawyer

A demand letter, a call from a detective, or a warrant application all call for quick action. Walking an investigator through your accounting without a lawyer present can harm a case. Contracts, invoices, texts, emails, and bank records should be preserved exactly as they are. Tidying them up first can cause real damage.

Timing matters in these cases. Conversion files are often resolved at the warrant application hearing or before indictment. Records and restitution still carry weight with a prosecutor at that stage. Once a case is indicted, the options usually narrow.

Kohn & Yager LLC has decades of experience defending theft, conversion, and white collar matters. We appear in Fulton, DeKalb, Gwinnett, Cobb, and other metro Atlanta courts. Our attorneys pursue every available defense and work to protect your rights. Much still depends on the facts of your case. A free consultation is available at (404) 567-5515, 24 hours a day, 7 days a week.

Frequently Asked Questions About Theft Charges in Georgia

Can You Go to Jail for Theft by Conversion in Georgia?

Yes, jail or prison is possible for theft by conversion in Georgia. The exposure depends on the value of the property under the theft penalty statute. Property worth $1,500 or less is a misdemeanor carrying up to 12 months. Higher values carry felony ranges that reach two to 20 years. Judges also weigh the record and the facts of the case. The restitution picture counts as well.

Is Failing to Return a Rented Car or Leased Equipment Theft by Conversion?

Failing to return rented or leased property can be theft by conversion. The theft by conversion statute reaches leased and rented personal property. Failing to return the item within five business days after a certified mail demand creates a presumption. That presumption is that the conversion was knowing. A real dispute, a missed notice, or a returned item may rebut it, depending on the facts.

What Is the Difference Between Theft by Conversion and Theft by Deception?

Timing of the dishonesty separates them. Theft by conversion begins with lawful possession that later becomes unlawful. Theft by deception begins with a false impression created at the outset. So the accused never held a lawful claim to the property at all.

How Long Does Someone Have to Press Charges for Theft in Georgia?

Private citizens do not press charges. The state decides. Under Georgia law, prosecutors generally must start felony theft cases within four years. Misdemeanor cases must start within two years. Longer periods apply for certain victims. Tolling rules can also pause the clock in some cases.

Does Georgia Still Charge Grand Larceny?

No, Georgia no longer charges grand larceny. The state dropped the old common law labels. Those crimes now sit in the theft offenses in Article 1 of Chapter 8 of Title 16. What another state calls grand larceny is charged here as felony grade theft. Value sets the grade under Georgia's theft penalty tiers.