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.