Departure Considerations in New York Embezzlement Cases

When determining sentencing in a New York Embezzlement case, many factors are considered. Primarily, an individual’s criminal history is taken into account. Whether the individual has any sort of felony or misdemeanor conviction in the past can affect the penalties they may face.

An individual’s prior actions often impact the departure considerations present in their New York embezzlement case. To determine how your criminal history may influence your charge, consult with an experienced New York City theft attorney as soon as possible.

Downward Departure

On the state level in New York, a person can avoid both probation and incarceration with a downward departure in a New York embezzlement case. Depending on the magnitude and amount of the theft, the person may even avoid a criminal record.

If the person pays restitution back quickly, the person may be able to get the embezzlement allegation resolved before it reaches a detective or a judge.

If there is no avoiding a prosecution, then restitution will assist in a downward departure. Mitigating information about the accused and their background can potentially do the same. The most important means to a downward departure is successfully challenging the prosecution’s case whether based on law, facts or evidence.

Upward Departure

An individual may find themselves moving between the penalty guidelines in place for their specific charge, which can produce an upward departure. 

The accused may find themselves on the higher range, under the range, or in the lower or middle range. This depends on who the accused is, their criminal history, what they have done, how long they have perpetrated the crime, and the impact on the person that had been affected.

All of the alleged victims of embezzlement should be considered equal, but the parties impacted can make a difference in sentencing.

For example, if a person is stealing from an animal shelter or soup kitchen as opposed to a bank or a hedge fund, the penalty may be different. The people the person is allegedly victimizing is relevant to the situation.

For example, if an individual is accused of a $275,000 embezzlement, they will find themselves charged with, at minimum, a Second-Degree Grand Larceny charge. This class C felony has a potential sentence of between five to fifteen years in prison for a person with no criminal record at all.

The same sentencing guideline applies to a person who steals $75,000 or $1 million. Based on the criteria addressed above, the exposure is technically the same, but the elements of the charge will impact how an individual is sentenced within this range.

If incarceration occurs in a New York State prison, a defendant can go to jail for a term of one to three years, two to six years, three to nine years, or any similar spread up to five to fifteen years. The departure considerations in a New York embezzlement case can seriously impact the amount of time a person may have to spend incarcerated.

Benefit of a Lawyer

After being charged with embezzlement, a person should consult with an experienced lawyer. Anyone accused of this crime does not know what questions they should ask, what evidence they might be able to challenge, what defense may be applicable and available, and many further important elements of the charge.

An attorney may be able to convince a prosecutor to depart downward in their sentence off of their recommendation based on the elements of the charge. They can provide what a prosecutor wants to see and hear, aiding in the lessening of severe penalties.

By being proactive, an individual can best understand the departure considerations as they pertain to their New York embezzlement charge. A knowledgeable lawyer can help to lessen or dismiss any potential consequences they may be facing.

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