In many cases, when someone is accused of theft as a criminal offense, it means that they took something they were never supposed to possess in the first place. For instance, maybe someone entered a small business while the cash register was not being attended by the cashier, removed a stack of bills from that register, and then left the store. They never should have had access to the funds, and taking them is a clear criminal offense.
Embezzlement charges, however, often focus on the misappropriation of funds. This is different in that it refers to the way the person uses those funds, not necessarily their access. They were granted access to the money or the account, but they were supposed to use it in a specific way. By failing to do that and misappropriating those funds, often for their own benefit, they have committed a theft offense known as embezzlement.
An example of how this could happen
For instance, say that an employee is given access codes to a business’s bank account. The employee’s job is to withdraw funds and pay vendors or material suppliers. In other words, accessing the money initially is legal, and their position within the company gives them the ability to do so.
But if that person takes money out of the account and keeps it for themselves, rather than paying the vendors or material suppliers, they have committed embezzlement. If they transfer the money to a personal account, that is a criminal offense because they are misappropriating the funds and not using them as intended.
So, while embezzlement is similar to traditional types of theft, there are some nuances to how it plays out. Those who are facing criminal allegations must be well aware of their legal defense options.