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Loss and Sentencing in DC Embezzlement Cases

One of the major factors judges consider when determining penalties in embezzlement cases is the actual and intended loss allegedly suffered by the victim. Because of that, it is crucial to understand the relationship between loss and sentencing in DC embezzlement cases.

An experienced attorney can help evaluate the amount of loss and explain how it will affect embezzlement penalties. They can then advocate on your behalf throughout the legal process to work towards the best possible outcome in your case.

Actual vs. Intended Loss

Under the federal sentencing guidelines for embezzlement cases, one of the most important considerations in determining penalties is a calculation of the loss incurred by the victim. The federal sentencing guidelines define loss as the greater of the actual or intended loss. Actual loss is defined as the reasonably foreseeable financial harm that resulted from embezzlement. Intended loss is defined as the financial harm that was intended to result from a particular embezzlement offense. As the loss increases, the potential sentence related to the loss also rises.

The amount of loss can make the difference between someone going to prison or getting probation on embezzlement charges. Therefore, analyzing the loss, whether it is an actual loss or intended loss, is critical in an embezzlement case. An attorney can help explain how sentencing is affected by different types of loss in an embezzlement case.

How Loss Impacts a DC Embezzlement Penalties

As stated above, when a judge imposes a sentence in an embezzlement case, the federal sentencing guidelines state that the judge needs to make a reasonable estimate of the alleged loss. This estimate of the loss can determine the penalties someone will face for the offense.

For example, an offense has a base level of seven that establishes the minimum range a person could face in an embezzlement case. If their embezzlement case includes a loss amount of $150,000, that loss amount adds 10 levels to their base offense level. It increases from a base level of seven up to a base level 17. If the loss amount is more than $3,500,000, it would add 18 levels to the base offense level increasing it from level seven up to level 25. The federal sentencing guidelines are extremely complicated when determining the base offense level and increasing levels. Therefore, it is crucial to have a defense lawyer who understands how the loss amount increases the offense level and affects the potential penalties.

Learn More About Loss and Sentencing in DC Embezzlement Cases

An individual should not underestimate the severity of embezzlement charges. The penalties for financial crime can be severe depending on the loss in the case. As soon someone believes they are being investigated or may be charged with embezzlement, they should call an experienced lawyer as soon as possible. It is essential that they speak with a lawyer before making any statements to the police or the FBI. Reach out today to learn more about the role of loss in sentencing in DC embezzlement cases. Call today for a case evaluation.