Embezzlement Sentencing Guidelines in Virginia Beach

Embezzlement cases are treated as larceny cases. In contrast to other criminal charges, larceny cases for first offenses (even a felony) tend to not result in prison sentences. They are considered non-violent crimes and they are considered property crimes. Often the goal is to make the victim whole and receive restitution, as opposed to incarcerating the individual.

An adept embezzlement attorney will be familiar with the specifics of embezzlement sentencing guidelines in Virginia Beach, and can use that knowledge to build your case and mitigate the penalties you face.

Sentencing Guidelines

Embezzlement sentencing guidelines in Virginia Beach provide the judge with a range of sentences that are deemed to be appropriate, based on the sentences that are handed out by judges across Virginia. The guidelines will incorporate those sentences for similar charges and provide a range of sentences that the judges across the Commonwealth usually hand down a sentence in this range; a low end, a high end, and then a midpoint.

Judges are not bound by the guidelines, but about 85% of the sentences fall within the guidelines. Judges will deviate from the guidelines on occasion, but they are very helpful to the judges in providing a range so that they can justifiably pick a sentence that has logic behind it.

Necessity of Guidelines and Mandatory Minimums

Before embezzlement sentencing guidelines in Virginia  Beach were put in place, judges handed out very different sentences, even in if they were in the same geographic area. People’s subconscious biases were coming out in sentences. These were events that were found by the sentencing commissions.The purpose of the guidelines is to make sentencing across the Commonwealth more uniform. The institution of guidelines has done a good job of eliminating a lot of those biases. If a person is charged with a certain crime in any court in Virginia, the sentence would be similar if not the same, and this has minimized judge shopping basically and forum shopping.

Dentencing Zones Determine a Criminal Sentence

There are a couple of things that go into a person’s sentence that the embezzlement sentencing guidelines in Virginia Beach take into account before producing a number. One is the number of counts of the embezzlement, and another is a person’s past record; not just their past record, but specifically other property crimes.

If a person has had more property crimes in the past, they are going to get more points for that and that is going to require a higher sentence. For embezzlement charges, the guidelines do have a section for how much was embezzled and a person can get up to 14 points if it is more than $100,000.00. The larger the number, the more likely it is that they are looking at an active jail sentence.

Virginia Beach Sentencing vs Federal Sentencing

If the crime occurs in Virginia, but federal property is involved, then a person will be tried in federal court. They will follow Virginia’s laws. However, the federal government has their own set of federal guidelines, and while those are not mandatory, they tend to be harsher than the embezzlement sentencing guidelines in Virginia Beach.

Role of an Attorney

A lawyer can best present the evidence that supports a person’s case. If the defendant is looking at something that can result in significant jail time, they need an experienced defense attorney who can make the case to the judge that jail time is not appropriate or that it is best for the defendant to be released so that they can make those restitution payments. An experienced defense lawyer will be well-versed in embezzlement sentencing guidelines in Virginia Beach and can use that knowledge to make your case.