Impact of Criminal History on a New York Embezzlement Charge
There are a few ways in which a person’s criminal history could impact the sentencing in their New York embezzlement charge. If someone has a prior felony in the previous 10 years, then they will automatically face prison time.
If you have been charged with embezzlement in New York and are looking to determine how your criminal history may impact your sentencing, consult with an experienced New York theft lawyer as soon as possible.Effect of Prior Convictions
There is no way to avoid prison if an individual is convicted of embezzlement after they have been convicted of a felony in the previous 10 years. The person’s criminal history will have an impact on the sentencing process in their New York embezzlement charge.
Whether it is a fourth-degree grand larceny by embezzlement charge in the amount of $1,500, or a third-degree grand larceny by embezzlement charge valued at $5,000, there is a mandatory minimum of one and a half to three years or two to four years in prison respectively.
As an example, for a Class E Felony where the value of the theft is over a thousand dollars but not greater than $3,000, the person is facing a mandatory minimum of one and a half to three years with a maximum of two to four years.
In a D Felony, where the value is over $3,000 but not greater than $50,000, there is a minimum of two to four years in prison and a maximum of three and a half to seven years.
With a C Felony, where the theft is in excess of $50,000 but not greater than a million, a person is facing up to seven and a half to 15 years in prison.
Finally, if it is a B Felony, First Degree Grand Larceny, the person is facing as much as 12 and a half to 25 years in prison, with a minimum of four and a half to nine years.
If a person is a predicate with a prior felony of any kind in the past 10 years, prison is mandatory irrespective of the type of previous felony.Sentencing with no Prior Felonies
If a person does not have a prior felony in the past 10 years, the person can face other misdemeanors from two, five or seven years ago. If the person's felony is beyond the 10 years, it may not be mandatory to increase the person's sentence.
However, when a District Attorney sees this, especially if it is fraud, theft, or an identity fraud-type of a crime, they are going to increase or enhance a person's sentence, even though technically the law does not mandate it.Lessening Potential Penalties
When determining what evidence they should use to argue down their client’s embezzlement charge, an experienced attorney needs to know whether the prosecutor can prove their case beyond a reasonable doubt.
If the charged person is one of many employees who can access a login, somewhere a person is making records of transactions or accessing money in addition to the accused, a lawyer will try and understand how the prosecution can prove their client is the one who committed the larceny.
Beyond this, an experienced attorney will use an abundance of evidence to help lessen any potential penalties their client may be facing, especially if their client’s criminal history has any sort of impact on their New York embezzlement charge.
A knowledgeable lawyer will also attempt to uncover any paper records that exist that may prove a possible embezzlement conviction. The district attorney will often issue subpoenas and obtain search warrants to access a person’s computers and cell phones to corroborate their allegations. An experienced attorney must do what they can to get ahead of these movements.
Further, a lawyer will attempt to prove that the individual may have had a right to the money in question. If they can prove that a partnership type relationship existed, where the accused had a right to the money, then the individual may face less strict penalties.
Other evidence that an attorney can challenge is any video footage of the alleged theft happening or any admission of guilt. Ultimately, the lawyer’s goal is to lessen any and all penalties associated with the charge, especially any enhanced penalties that have come as a result of the individual’s criminal history. The legal proceedings involved in a New York embezzlement charge should not be handled without the use of a seasoned attorney.