Mitigating DC Embezzlement Sentences
Embezzlement is a serious theft offense that has the potential to result in years in prison and thousands of dollars in fines. However, there may be mitigating factors available in DC embezzlement sentences.
A detail-oriented embezzlement lawyer can help determine whether there are any mitigating factors in your case. They can then argue these factors to the judge to give you the best chance of a positive outcome based on your specific circumstances.
When Can a Judge Depart from DC Embezzlement Sentencing Guidelines?
The DC Sentencing Guidelines establish a specific number of situations in which a judge is permitted to consider departing from the guidelines. Sometimes, defense attorneys can argue that a judge should go lower than the recommended guidelines, but they need to show these specific circumstances. The defense departure principles are referred to as mitigation. They are mitigating factors that defense attorneys can use to ask the judge to go lower than the recommended sentencing guidelines.
A judge may consider one of the items on the list of aggravating and mitigating factors developed by the Sentencing Commission to depart from the sentencing guidelines. One of the factors is the role the alleged offender played in an alleged conspiracy. For example, if someone receives a significantly lower payout than other involved participants, that person may be charged for the overall actions of the conspiracy. However, they should not be considered as liable as other members of the conspiracy because they were less involved than other members of the conspiracy and therefore should not have to face heavy sentences.
Further, if someone provides assistance to law enforcement or prosecutors in the prosecution of other offenders, a judge may also order a sentence outside the guidelines. Although that assistance to prosecutors may not be a defense to a defendant’s own actions, it can allow the court to prosecute more serious offenders. For that reason, it may mitigate the sentence.
How the Impact on the Alleged Victim Can Affect the Punishment
Under DC law, embezzlement is not considered to be its own crime. Embezzlement is one type of a theft charge, so a person who is accused of embezzling money is usually charged with theft. An important argument could be made by focusing on the need for and the use of the money, along with any risk the owner of the property experienced. For instance, a person has an unexpected medical expense or sudden financial hardship and uses a company account to pay the medical bill, rent, or child care expense that did not affect the victim in any substantial way may be able to use these circumstances to argue for a lighter sentence.
Depending on the circumstances, incarceration may not be necessary because of the additional hardship it could place on a person’s financial state when the impact on the owner of the money or property was minimally affected by the offense. In those cases, it is helpful for the defense to present the facts surrounding:
- The client’s financial situation
- Their personal situation
- The financial situation of the victim
- The impact on the victim by the money or item embezzled
An attorney can investigate the facts surrounding an embezzlement case to determine whether the impact on an alleged victim may be used as a mitigating factor.
Discuss Options for Mitigating DC Embezzlement Sentences
Although guidelines are in place to determine appropriate penalties, there may be options for mitigating DC embezzlement sentences. These can include the person’s actual level of involvement in the conspiracy and the effect the embezzlement had on the alleged victim. To learn what may be possible in your case, call today for a consultation.