Virginia Beach Embezzlement Sentencing Considerations 

Embezzlement charges are taken seriously in Virginia Beach and can result in severe penalties. Judges use their own discretion, along with local sentencing guidelines to determine the kind of penalties an individual should receive. There are also Virginia Beach embezzlement sentencing considerations that can impact the kind of sentence that a judge wishes to mete out, which is why it is vital to have an experienced lawyer on your side. If you have been charged with embezzlement, retain the services of a diligent attorney who can devote the necessary time and resources to building your case.

Legal  Framework for Embezzlement Sentencing in Virginia Beach

Embezzlement is a common law understanding that was developed back in England and came over with the colonists. There is also the Virginia Code, Virginia Embezzlement Charge (Va. Code §18.2-111) specifically, which sets out specifics that differentiate between what Virginia does now from what it used to do and sets out the specific penalties for embezzlement.

Sentencing Guidelines Explained

The sentencing guidelines present to the Judge a range of sentences that are typically handed to defendants who commit certain crimes. In this case, it is embezzlement. The Guidelines state that when a person commits embezzlement in Virginia, that depending on their criminal history and the amount of money that was embezzled, Judges typically determine a sentence within this range. A judge is not required to pick a sentence within that range, which is why they are called guidelines. However, judges usually stay within the guidelines.

Preparing a Defense

An experienced defense attorney wants to paint their client in the best light for the Court. The defendant does not want to look like a career criminal. It is best if the defense can come up with a  non-malicious reason behind their actions and show some contrition. The attorney should show the willingness of the defendant to make the targeted person whole again, so the Judge believes that they are trying to do the right thing, that they are truly sorry that they did it and not just sorry that they got caught.

If a strict sentence is imposed and the sentence is within the Statute, there are very few ways to go about appealing a sentence. A defendant can argue that it violates the Eighth Amendment; however, those are very difficult to win. That is why it would have to be an appeal of the whole trial, in and of itself, to show that the Commonwealth did not meet their burden of proof in some way.

If the sentence is within the Statute, there are very few ways to go about appealing a sentence. A defendant can argue that it violates the Eighth Amendment; however, those are very difficult to win. That is why it would have to be an appeal of the whole trial, in and of itself, to show that the Commonwealth did not meet their burden of proof in some way.

Difference Between Federal and State Sentencing Guidelines

The federal system has its own guidelines that are different from the Virginia sentencing guidelines. They have their own factors. A federal case is one that crosses state lines. For example, if the person crosses state lines to commit the crime, or the company involved crosses multiple state lines, then it becomes federal offense. There is evidence that two states are involved or the case involves federal property such as a military base or a government building. That is why a case is heard in federal court as opposed to state court.

The United States Code is the official code of law for the United States. The Virginia law that happens to involve federal property sets out harsher penalties and the guideline ranges tend to be higher than they are for Virginia Beach or for Virginia. The federal guidelines specifically take into account whether or not a person pleads guilty or not guilty, whereas, in Virginia, that is not included in the guidelines. That is something that a judge usually will take into consideration.

What Impact Do Guidelines Have on Sentencing Since the 2005 Supreme Court Ruling?

Over the last decade, the United State Supreme Court has altered how sentencing guidelines can be used and as a result, they cannot be mandatory. In 2005, they determined that a defendant cannot receive a mandatory minimum under certain circumstances. The guidelines are not to be used to tie the hands of the judges. So, in Virginia, they have been an advisory or the mandatory, but in the federal system it has changed it over so that judges can use discretion, which is one of the Virginia Beach embezzlement sentencing considerations that individuals should keep in mind as their case proceeds.

These changes give a judge more latitude in determining a defendant’s sentence. Instead of the Legislature being able to dictate a sentence, it allows a Judge to have a little more discretion so an attorney can work with the Judge to suggest some other resolution, rather than a lengthy jail sentence.

Role of a Lawyer

An embezzlement lawyer will show the judge that the defendant is able to make payments to repay the victim. In these types of cases, a victim has been deprived of money or property so if the defendant is able to show that they are willing to pay back that money, that will go a long way with the Judge when determining the sentence.

When a defendant is at the sentencing stage of a charge, it can carry with it a lengthy prison sentence. Taking all potential Virginia Beach embezzlement sentencing considerations into account, a count of embezzlement can carry up to 20 years in prison. A defendant needs an experienced defense attorney who can present the facts in such as way that a Judge is going to believe that justice can best be accomplished without a lengthy term of incarceration.