The whole idea in one picture
The money started out legitimately in your hands. Embezzlement is what happens when that trust gets quietly turned into a taking.
The defining feature is the starting point: the money was lawfully in your care before you took it. Common examples:
Because the access was legitimate, embezzlement usually surfaces later — when the numbers stop adding up:
Charges are usually laid by police or a regulator like ASIC once the records are gathered.
Embezzlement is a serious (indictable) offence, with the court level set by the amount and complexity:
Penalties where you are
Charged as embezzlement by a clerk or servant, and treated as an aggravated form of larceny.
Embezzlement turns on dishonesty and entitlement, so defences usually go straight there:
The funds were used temporarily or by mistake.
You had permission to move or use the money.
You never actually received or had control of the funds.
An honest belief you were entitled to the money.
These cases live in the records — and intent, authority and repayment can all shift the outcome. We can point you to lawyers in your state.
Read this first
This page explains how these charges generally work — it can't tell you what will happen in your case. Most states now prosecute embezzlement under their theft or fraud laws. If you're under investigation or charged, talk to a criminal lawyer before answering questions.
