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Misconduct Enhancement in New York Embezzlement Cases

In general, on the state level, embezzlement is classified as misconduct. In and of itself, embezzlement is abuse of trust, abuse of access, and abuse of power. Such misconduct will always adversely impact the person accused, especially when that person had a fiduciary duty.

Depending on the sort of misconduct enhancement you may be facing in your New York embezzlement charge, it is critical to consult with an experienced attorney as soon as possible. A theft attorney in New York can build a robust defense to help lessen or dismiss any potential penalties associated with the charge.

Impact on Sentencing

Any misconduct that the individual commits during their New York embezzlement case can have a negative impact on their sentencing.

No matter what, a judge or prosecutor will initially see this individual as a thief. This is before they take the time to understand the context and background that a criminal defense attorney can provide.

Whether this misconduct actually impacts the person’s sentence will depend on the judge. The way an individual acts can determine the judge or prosecutor’s decision to make a particular offer, to allow a particular sentence, or to identify where, along particular sentencing guidelines, an individual will fall.

The more abusive, obnoxious, and malicious the power of authority and fiduciary duty, the greater an individual’s sentence is going to be. Because of this, it is crucial to consult with an attorney that is familiar with the sentencing in embezzlement cases and all the elements and characteristics of an embezzlement allegation.

Benefit of an Attorney

When facing an embezzlement charge, an individual needs to know exactly what they are up against, how the prosecution is going to prove their case beyond a reasonable doubt, and what the elements of the charge are before they can defend themselves with any degree of success.

An experienced and knowledgeable lawyer will be able to craft the case through the perspective of a prosecutor from start to finish. Someone familiar with the sentencing, elements, the particular jurisdiction, and how those crimes are investigated and prosecuted is of great value to anyone accused of or charged with a grand larceny involving embezzlement.

An attorney will attempt to determine a variety of elements when beginning to build a defense against any sort of misconduct enhancement in a New York embezzlement charge. They know what the person is charged with, but will aim to understand:

  • How the prosecution is going to transform an investigation into an arrest, conviction, and sentencing
  • How the District Attorney is going to achieve any sort of resolution
  • What the prosecution’s steps will be

Once an attorney sees how the court is going to prosecute the individual, an attorney can work on gathering the evidence and challenging any presumptions. In some capacity, the lawyer will pick the District Attorney’s case apart as best as they can, whether it is poking holes in it or mitigating it to get the person the best resolution.

When facing any sort of enhanced sentencing due to misconduct in a New York embezzlement case, an individual will want an experienced sentencing lawyer versed in the laws of grand larceny who knows how a prosecutor builds a case to the point of sentencing. This is so that an attorney can deconstruct the case to best challenge the evidence against the accused.

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