New York Embezzlement Offense Characteristics

The means of taking in a New York embezzlement case is mostly irrelevant. What would be relevant, however, is if a person is just taking cash. In that case, if an individual is also altering invoices, then they are both embezzling or committing grand larceny, and committing a forgery or falsifying business records.

To best determine the specific offense characteristics that can alter the sentencing of a New York embezzlement case, it is important to contact an experienced attorney as soon as possible. A knowledgeable New York theft lawyer can assist in lessening or dismissing any potential penalties associated with the charge.

Different Offense Characteristics

If the person commits this crime online, gains access to a computer system they are not entitled to, provides account information they are not entitled to, or signs off online indicating they are someone that they are not, that individual may have committed additional crimes in addition to embezzlement. These crimes include computer fraud, computer trespass, and identity theft.

The fact that someone has taken the cash directly as opposed to transferring money online, or altered things online as opposed to physically on paper will not change the course of the charge. However, the difference is that there are more potential offenses that the DA can charge the accused with.

The more complicated the crime, the greater likelihood that a person is committing additional offenses that are also felonies. Every time a person falsifies a business record, they face another Class E Felony.

If that person deletes, alters, changes, or wrongfully accesses a computer system, that may classify as a computer crime.

While the embezzlement and grand larceny is aggregated over the course of the criminal conduct, each time a person forgers, falsifies or wrongfully accesses, there is the potential for multiple felony crimes.

Every time a person writes down a bank account belonging to another person, alters or forges their name, adds their name, or adds the account, the person is not just committing an embezzlement, but is also committing an identity theft.

In these cases, a person is facing multiple E and D Felonies, in addition to the Grand Larceny, as the person's embezzlement becomes more complicated and varied. Equally concerning, there is the possibility that the accused perpetrator could then face consecutive time on these convictions.

Impact on Sentencing

There are multiple offense characteristics that may impact the sentencing of an individual’s New York embezzlement charge. If the charged person is taking advantage of an older person, or a company or business that ultimately fails, the penalties may be enhanced.

Further, if the company cannot pay their employees, pay their insurance, or keep the jobs they are contracted for, that is going to have a much greater impact on the accused individual.

If this was the case, the person’s sentence will be significantly increased as opposed to if the person committed this crime against an individual who could potentially afford it more, with whom the company can survive and continue growing.

A person will not be punished less if they have stolen from a hedge fund as opposed to a mom and pop shop, for example. There are many offense characteristics that can influence an individual’s embezzlement charge, which can be effectively explained by a knowledgeable attorney.

Benefit of an Attorney

Due to the impact that different degrees of embezzlement can have on an individual’s penalties, they should be sure to consult with an experienced attorney as soon as possible. Sometimes, in an embezzlement case, unlike a scenario where someone decides to steal something in the spur of the moment, an individual may leave a paper trail. This must be aggressively defended.

A lawyer can determine how the paper trail may impact an individual’s case. They may ask questions such as:

  • Was this done online with a banking service?
  • Are other people able to login to the person's account or have access to the account in question?
  • If multiple people have access to an online account, is it possible to argue that someone else embezzled and stole the money?
  • Does the login information and the IP preserved point at the accused individual?
  • Is the money that is withdrawn done so in a manner that can be traced to a check cashing establishment by the individual’s home, or is there a direct wire or check deposited in an account the accused individual created?

The manner in which the embezzlement is perpetrated and the dollar amount of the theft will all have a direct impact on a person’s sentence.

Any person charged with embezzlement should retain an attorney who has experience in the particular jurisdiction where they are being charged, who knows the difference between an embezzlement crime and any other larceny-related offenses, and who understands how to follow the paper trail. This way, they can start building an effective defense based on the characteristics of the New York embezzlement charge.

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