Sentencing for New York Embezzlement Cases

The role of a defendant can be extremely important before sentencing for New York embezzlement cases. If the defendant and an experienced embezzlement attorney do not have any answers to the questions to satisfy prosecutors and judges, the defendant is making a representation that may turn out to be false or inaccurate. Saying or doing the wrong thing or progressing with a weak defense will do nothing but compound your criminal case and increase your exposure at the time of sentencing.

Impact of Criminal History

It is all a piece of the puzzle that gets put together. Knowing someone’s criminal history can answer the following questions:

  • Who is this person?
  • Why should the court care?
  • What are the great deeds that this person has done?
  • What has this person done for their family or community?
  • How have they been involved in outreach?

It is incumbent upon that person and the person’s counsel to sit down and figure out how to paint that picture presented.

What is the Perception Behind Criminal History?

One significant piece of this puzzle is criminal history. If an individual was convicted of having a personal use amount of cocaine twelve years ago, it will be of little consequence. However, if someone has either a misdemeanor or felony convictions relating to theft or fraud, it will adversely impact the sentence.

If your conviction is for a felony, regardless of whether it is of a larcenous type, and this felony conviction was in the past ten years, then prison will be mandatory. This fact should concern anyone who would consider committing or faces conviction for any embezzlement crime.

Minimally Sufficient Sentences

It depends on the nature of the theft. The person can get as little as a conditional discharge, time served or probation. On the more significant and frightening side, a person can go to prison for as much as eight and a third to 25 years, assuming this is someone who does not have a criminal prior felony. If the defendant has a prior felony in the previous ten years, then probation, a conditional discharge and no incarceration if off the table barring an offer by the District Attorney. A conviction will mandate a term of imprisonment in a New York State prison.

What Factors are Courts Required to Consider?

At trial the prosecution must first prove its case beyond a reasonable doubt. Before a sentencing for New York embezzlement cases, a person must plead guilty to an indictment of what is called a superior court information. Any and all elements of the embezzlement and grand larceny crime must have been satisfied.

On the state level, there are no automatic enhancements. There are the guidelines. On the federal level, there are many more guidelines and a more regimented sentencing rules that go up and down. On the state level, there is no point system or chart that is followed. Keep in mind, however, on the federal level a judge has the discretion for departure.

What is an Uncoerced Plea Bargain?

An uncoerced plea bargain is one where no threat has been made. It is a relative term and one can argue that every plea bargain is coerced. This is because a plea bargain is if a person does not accept 'X', whatever 'X' it may be, then it is going to 'Y', whatever 'Y' may be. In other words, it is going to get worse the longer the case proceeds and the more offers are rejected. No, this is not a hard rule and sometimes the opposite can happen. Individuals always have a right to plead not guilty, but prosecutors also have a right not to make a particular, if any, offer.

Help from a Lawyer

Depending on the weakness or strength of a particular case, it may behoove someone to get in front of it and offer to make restitution, offer to cooperate, offer to explain the scam or scheme, and offer to identify other frauds that the person may have perpetrated or were perpetrated by an accused or other people.

Planting the idea of perpetration before sentencing for New York embezzlement cases can be used as an advantage. It can challenge their case from the legal and evidence standpoint. No matter what the potential exposure is if the DA’s office does not have the evidence then The accused should be prepared to challenge this lack of evidence.

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