COVID-19 Notice: Open for Business & Remains Available 24/7. FREE consultations via phone or video conferencing. Learn More »

Mitigating Circumstances in New York Embezzlement Cases

A mitigating circumstance is something that will address a defendant’s conduct and explain otherwise adverse or negative evidence or elements in a favorable and compelling manner.

An individual may not claim flat out that they did not do something, but may provide some sort of explanation for why they may or may not have committed a crime.

The answer to the question, “Who are you and why should the court or DA care?” is answered based on any mitigating circumstances that may be present in a person’s New York embezzlement case.

The answer to that question may mean the difference between incarceration and probation, a felony and a misdemeanor, or in the best-case scenario, no criminal conviction. To help understand such mitigating factors, a person should contact a New York theft attorney immediately.

Downward Departure

Mitigating circumstances that may lead to a downward departure in a person’s New York embezzlement case include the impact on the alleged victim, the amount of money taken, the relationship the person had, and the person’s position of power or authority.

Also, how many times the person committed these crimes, what the person used the money for, and the person’s ability to pay restitution are important mitigating circumstances in a person’s New York embezzlement case.

Upward Departure

There are many factors that would adversely affect sentencing and push a judge or prosecutor toward a higher sentence.

For example, an attorney will ask a variety of questions including:

  • What was the impact of the person’s acts upon the victim?
  • Did the individual embezzle because of pure and unadulterated greed?
  • Did they exploit a vulnerable person, company or business because of their selfishness?
  • Did they use the money to satisfy their own desires and comforts?
  • Did they use this to help a child that suffers from a mental or physical health issue?
  • Can a person make restitution?

The answer to these and many other questions can uncover any mitigating circumstances that may alter an individual’s sentence in their New York embezzlement case.

Role of a Targeted Person

The more vulnerable the targeted entity, the more sympathetic the person is who suffered a loss. The otherwise generous nature, kindness, and good will of the company, employer, business, or person who an individual took from will without a doubt impact a departure.

The law does not dictate that if an affected individual is a mom and pop restaurant or a big business, the complainant has a net worth of $50,000 or $5 million, or the company is a not-for -profit or a publicly traded one, that a defendant’s exposure to the guidelines change.

That said, an individual should not be naïve or blind. Factors as those just mentioned and who the target of an embezzlement is will, practically speaking, impact a sentence and potentially in a severely negative way.

To determine the existence of any mitigating circumstances that may either positively or negatively impact a person’s penalties in their New York embezzlement case, it is important to contact a lawyer.

Client Reviews
... I was facing a class B felony and potentially tens of thousands in fines and some legit jail time and after hiring Jeremy Saland he obviously struck enough fear into the prosecutors with his sheer litigation might that it was knocked down to a petty misdemeanor and after a few sheckles and a handful of counseling sessions, I will no longer have a criminal record. The offices of Crotty Saland are the Shaq and Kobe of criminal defense in New York City and to even consider another firm is outright blasphemy. I stand by this statement 100% Evan
Let me start by saying how amazing Liz Crotty is! I am a resident of California, who needed representation for my son who received a desk citation while he was visiting NYC. Liz jumped on the case right away; she was very thorough in explaining things to me. She is strictly business too! She went to court on my son's behalf and had his case dismissed. I am forever grateful to her. Seana G.
Contact Us 212.312.7129

1Free Consultation

2Available 24/7

3We Will Fight For You!