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Determining Loss in Sentencing New York Embezzlement Cases

In a New York embezzlement case, a loss is something of a theft. The greater the theft, the greater the loss. The greater damage that is done, the greater the person’s sentence may be.

To determine how a loss may affect your sentence in an embezzlement case, it is important to consult with a knowledgeable New York theft attorney as soon as possible. An experienced lawyer can mount a defense to help lessen or dismiss any penalties associated with your charge.

Degrees of Loss

Depending on the monetary value of the loss, there are different ranges of sentencing in a New York embezzlement case.

Even though, for example, a theft valued at $60,000 and $900,000 will fall under the same penalty range, the larger amount will cause the prosecution to be much more inclined to get a hefty prison sense than the lesser amount.

Actual Loss vs. Intended Loss

In terms of the New York embezzlement crime itself, the loss is not an intended loss, but an actual loss. Intended loss, to a certain extent, is somewhat irrelevant in embezzlement cases. Once a person has completed a crime, the person has completed the taking and criminal conduct has occurred.

A person may have intended to steal $20 million, but only stole $60,000. No matter the intended loss, it is the actual theft that is relevant. However, there is a caveat to this.

A person can also be charged with an attempted grand larceny, or an attempted embezzlement. Even if the individual is not successful in stealing as much as they intended, the value of what they intended to steal can be used by the District Attorney as the base level of the offense.

Then, because it is an attempt and not an actual theft, the level or degree would be dropped by one. The individual’s failure to succeed is not a complete defense. For example, if an individual tried to steal or embezzle $250,000, the completed crime would have been a class C felony of Second Degree Grand Larceny. However, because the individual merely attempted to commit the offense, then it would be Third Degree Grand Larceny , a class D felony.

In that instance, an individual’s ceiling in terms of imprisonment would drop from fifteen years to seven years, but nonetheless, they still would have exposure to incarceration and a felony conviction.

Impact on Sentencing

In New York state, there are guidelines based on the amount of loss that is present in an embezzlement case.

An embezzlement of over a thousand dollars is an E Felony punishable by up to four years in prison. A crime of over $3,000 is a D Felony with a penalty of up to seven years in prison. Over $50,000 is a C Felony with up to 15 years in prison, and over a million dollars is a B Felony with a punishment of up to 25 years in prison.

Where an individual falls among those ranges depends on the actual amount taken. That will determine whether they are facing a first, second, third or fourth degree grand larceny.

Once a person has been sectioned into those guidelines, the charge is broken down further depending on how the person committed the crime, what they took, and the consequences of their actions.

It is worth noting that an individual could still face incarceration as a class C felony of Second Degree Grand Larceny even if, as a result of their attempted embezzlement, they stole nothing. As long as the intent existed to steal a certain amount and an individual made actual attempts to do so, criminal exposure on a felony still exists.

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