Mandatory Minimum Sentencing in New York Embezzlement Cases
As defined by law, a mandatory minimum sentence in a New York embezzlement case is a sentence that the court must provide and that the law mandates. If the person is convicted of a crime and it has a mandatory minimum, their sentence would include what the person must serve in prison for a minimum period.
To best understand the mandatory minimums that may be associated with your New York embezzlement case, it is imperative to consult with an experienced attorney immediately. A knowledgeable New York theft lawyer can assist in combatting any allegations against you and fight for a reduction in penalties.Sentencing Minimums
In the state of New York, if a person commits any theft-related crime, embezzlement or not, it may come with mandatory minimums. For example, if the theft is beyond a million dollars, the law mandates that the person goes to prison for at least one to three years.
If the person commits any degree of embezzlement and grand larceny, whether it is $1,100 or $11,000,000, and the person has a prior felony within the past 10 years, no matter what the person is convicted of the second time, they will serve mandatory prison time.
If an individual is convicted after trial or pleads guilty before the same, the judge cannot circumvent the law. The individual will go to prison for a mandatory minimum amount of time.Embezzlement Minimums
The crime of embezzlement is treated no differently in New York State in terms of mandatory minimums than any other crime in New York. If the person is a prior felon within the past ten years, no matter what type of embezzlement crime they are accused of, and regardless of the amount, the person will go to prison if convicted.
Alternatively, if the person does not have a prior felony conviction, there may not be a mandatory minimum over a million dollars.
Common sense and experience dictates that even if the value of the embezzlement is less than $1,000,000 or hundreds of thousands of dollars, for example, there is a strong likelihood that prosecutors will pursue prison whether there is a mandatory minimum or not.
Even if the law does not require or mandate that the person goes to prison, the person still may face jail time. That is why it is critically important to get in front of these cases and identify any means to lessen the amount a person is alleged to have embezzled or stolen.
An experienced attorney can figure out who the person is and convey why a prosecutor should give that person the benefit of the doubt, all while poking holes in the evidence to try and challenge the proof that the prosecution plans on presenting.Mandatory Minimums vs. Sentencing Guidelines
There is a difference between mandatory minimums and guideline sentencing in New York embezzlement cases. Guidelines, on the federal level, are presumptive, and the judge has permission to not follow those guidelines. They can either accept those sentencing guidelines or push them to the side.
When a mandatory minimum is set for a specific embezzlement crime, however, the judge does not have the ability or authority to ignore that minimum. It must be imposed. The same holds true if the defendant has a prior felony within the past ten years.
These are reasons why a person may want to, in the right circumstance, work out a sentence or plea and negotiate that sentence in advance. When doing so, the person can avoid the mandatory minimum or the certain guidelines if the prosecutor agrees to charge a lesser crime or allows a plea to this lesser offense to avoid the mandatory incarceration.
Even though the person is working it out in advance, the person may still be incarcerated. However, this will often be less than what the mandatory minimum requires as opposed to being convicted, in which case there is no leeway.Impact of Criminal History
If the person is a convicted felon within the past 10 years, as a matter of law, they must go to prison if convicted. Further, if the person steals over a certain amount of money, they must go to prison if they are convicted of that, for example, if they steal in excess of the million-dollar threshold.
A person must remember that even if they do not reach the threshold of mandatory minimums, the person may still go to prison. Those who do meet those thresholds, in foremost categories, are going to prison if they have been convicted.
The person could steal a lot less, have no criminal record, be convicted of one of these crimes, and still end up in prison for a long time.Reducing Potential Penalties
An individual should be proactive when trying to reduce any potential consequences they may be facing. It is important that they are smart, diligent, and aggressive when combatting the prosecution’s allegations.
An individual must be thorough in their pursuit of challenging the evidence, collecting evidence they will need, identifying holes in the prosecution’s case, and identifying tactics for mitigation.