Factors Impacting Sentencing in DC Embezzlement Cases
Judges have some leeway when determining sentences for embezzlement. Therefore, they may look at factors such as the impact of the theft on the alleged victim, the reason the person allegedly took the money, and the methods the person used may impact sentencing.
An attorney can explain what other factors may impact sentencing in DC embezzlement cases. With the help of a knowledgeable embezzlement attorney, you may be able to secure the best possible outcome in your case.
Federal VS. DC Sentencing Guidelines
Embezzlement is the use or transfer of another person’s property without their permission. However, other factors might determine whether a theft charge is prosecuted as a local offense as opposed to a federal offense. For example, a person who allegedly embezzled money using the Internet or by a wire transfer through a bank is more likely to be charged with a federal offense.
Offenses that are charged federally carry different penalties and are subject to long periods of incarceration because the federal sentencing guidelines are different from the DC Sentencing Guidelines. When someone faces an investigation that involves allegations of embezzlement by wire transfer, bank fraud, or through the Internet, it is most important to have a lawyer who understands the differences between federal and local sentencing guidelines.
The Effect of the Embezzlement on the Alleged Victim
The minimum and maximum penalties and the range of recommended sentencing guidelines do not change depending on the impact that an alleged crime has on the victim. However, judges can consider the impact embezzlement has on an alleged victim when determining the appropriate penalty within the guideline. For example, an argument could be made that a sentence at the bottom of the recommended guidelines is appropriate because of the specific mitigating factors such as the fact that the alleged victim was a large corporation that was minimally impacted.
On the other hand, if the judge believes the embezzlement had a much more severe impact on the victim or the victimized company, they may impose a sentence at the higher end of the recommended sentencing guidelines. That is one way a judge could consider the nature of the victim and the impact of the theft on the victim when deciding an appropriate sentence.
Washington, DC law also establishes enhanced penalties for crimes committed against specific victims. For example, when embezzlement is committed against a senior citizen who is 65 years old or older at the time of the offense, the penalties for the theft increase. The maximum possible penalty in a felony theft case is up to 10 years in prison for first-degree theft. When first-degree theft is committed against the person who is 65 years or older, the maximum penalty is multiplied by one and a half times. That increases the maximum penalty for the first-degree theft from 10 years to 15 years. It also increases the maximum possible fines by one and a half times. An attorney can further explain how the identity of the alleged victim may impact the penalties.
An Attorney Can Explain Factors Impacting Sentencing in DC Embezzlement Cases
Although judges must generally follow a set of guidelines in determining punishments for embezzlement, there are factors that can impact sentencing in DC cases. An attorney can help identify any factors that may be present in your case. For the help you need, call today for a consultation.