Sentencing Hearings in New York Embezzlement Charges
When sentencing an individual, the District Attorney is required to prove beyond a reasonable doubt, when they have a jury or a judge, that not only did the accused perpetrate a wrongful taking, but the wrongful taking was valued at whatever dollar is being alleged.
Understanding these elements will come into play during the sentencing hearing of a New York Embezzlement case. To determine the relevant factors in your specific case, consult with a theft attorney in New York as soon as possible.Sentencing Guidelines
There are many different penalties an individual may face when being sentenced during their New York embezzlement hearing.
Embezzlement crimes that are classified as a Class E felony carry a potential sentence of between one and third to three years in prison.
Crimes that fall under a Class D felony carry a sentence of between two and a third to seven years in prison.
Class C felonies carry a penalty of between five and 15 years in prison, and Class B felonies carry between eight and a third and 25 years in prison.
If an individual has been convicted of a felony within the previous ten years, their sentence will require a mandatory minimum period of incarceration.Preparing a Defense
When preparing a defense against an embezzlement charge, it is important to remember that every case is unique. Family members or other colleagues may be beneficial in helping to build a case. Financial documents, tax returns, and bank statements may be helpful as well.
When meeting with their attorney, the person must due diligence in building and presenting a clear and concise picture of who they are, what did or did not transpire, why they deserve the benefit of the doubt, and why the crime is not the magnitude the prosecution is making it out to be.Lessening the Penalties
Every case, every person, and every circumstance in a New York embezzlement case is unique. An experienced defense attorney knows what a prosecutor and judge are going to look for when determining how to handle a case.
A knowledgeable lawyer can examine certain factors of the case, and take certain steps to minimize exposure to harsh sentencing, whether it is based on challenging the evidence, the legality of the case, or by mitigating the conduct.
If the defendant has the means to make restitution to some extent, that is incredibly important. The ability to do so in a timely fashion is also crucial.
Because there are so many factors involved, the defendant should sit down, face-to-face with an experienced attorney who can break down the case and the evidence against them, and discuss how to challenge that evidence effectively. It is important that an attorney discuss exactly what they can do to help mitigate their defendant's conduct and minimize their exposure.Benefit of Experienced Counsel
A person’s lawyer should be familiar with their client’s case from start to finish. Any criminal defense attorney experienced in embezzlement cannot and should not bifurcate the person’s case from pre to post-conviction. The person in the best position to argue for leniency and for lower sentencing in a New York embezzlement case is the person who is most familiar with facts and evidence in the case.
The attorney an individual has retained as their embezzlement lawyer is also the person who has done their homework investigating the claims and allegations associated with the case. They have also uncovered the mitigating factors, found the witnesses favorable to the individual, and has presented their client in the best light possible.
An individual needs someone who is experienced, has been handling the person’s particular case, and has gained all of the knowledge they can over the weeks and months of the case. A lawyer should work constantly with their client to ensure that the best and strongest defense strategy is employed when approaching the sentencing hearing of a New York embezzlement case.