Embezzlement Charges in Tennessee

Nashville Embezzlement Defense Lawyers

Embezzlement charges in Tennessee arise when a person is accused of taking or misusing money or property that was lawfully entrusted to them. These cases often involve employees, managers, bookkeepers, business partners, or fiduciaries who had legitimate access to funds but are later accused of exercising control over them for unauthorized purposes.

Unlike theft cases involving strangers, embezzlement allegations frequently grow out of workplace disputes, accounting disagreements, or business relationships that have deteriorated. Many cases involve complex financial records and assumptions about intent rather than clear evidence of wrongdoing.

At Freeman & Fuson, we understand that embezzlement cases are rarely straightforward. Our attorneys carefully analyze financial records, challenge assumptions about intent, and work to protect your reputation, freedom, and future.

Practice Areas 

How Embezzlement Is Charged in Tennessee

Tennessee does not treat embezzlement as a separate criminal offense. Instead, embezzlement is prosecuted as theft of property under Tennessee Code Annotated § 39-14-103 when a person lawfully entrusted with property knowingly exercises control over it with intent to deprive the owner.

The key distinction in embezzlement cases is that the accused initially had lawful access or authority over the money or property.

Elements the State Must Prove

To obtain a conviction in an embezzlement case, the State must prove beyond a reasonable doubt that:

• The defendant was lawfully entrusted with money or property
• The defendant exercised control over the property
• The control was unauthorized or exceeded the scope of permission
• The defendant acted knowingly
• The defendant intended to deprive the owner of the property
• The value of the property meets the threshold for the charged offense

If the State cannot prove intent or unauthorized control, the case may be subject to dismissal or reduction.

Penalties for Embezzlement in Tennessee

Because embezzlement is charged as theft of property, penalties depend primarily on the value of the alleged loss.

Potential consequences may include:

• Misdemeanor or felony classification
• Jail or prison time
• Significant fines and court costs
• Probation
• Restitution orders
• A permanent criminal record

Higher-value allegations can result in serious felony exposure and long-term consequences.

Common Situations Leading to Embezzlement Charges

Embezzlement allegations often arise from:

• Employee or manager access to company accounts
• Bookkeeping or accounting discrepancies
• Expense reimbursements or payroll disputes
• Business partner or shareholder conflicts
• Allegations following audits or internal investigations
  

Many cases begin as civil or employment disputes before escalating into criminal charges.

How We Defend Embezzlement Charges

Defending embezzlement cases requires careful financial analysis and aggressive legal advocacy. At Freeman & Fuson, defense strategies may include:

These cases often hinge on interpretation rather than clear proof.

Collateral Consequences of an Embezzlement Conviction

An embezzlement conviction can carry severe consequences beyond criminal penalties, including:

• Damage to professional reputation
• Loss of employment and future job opportunities
• Professional licensing issues
• Housing and credit difficulties
• Immigration consequences for non-citizens

Even allegations alone can have lasting professional and personal effects.

Why Legal Representation Matters in Embezzlement Cases

Embezzlement cases often involve complex financial records, audits, and assumptions about intent. Early involvement by a criminal defense attorney can help prevent overcharging, challenge flawed investigations, and protect against reputational damage.

An attorney can analyze financial evidence, work with experts when necessary, and hold the State to its burden of proof at every stage.