Mandatory Minimum Sentencing in Virginia Beach Embezzlement Cases 

Mandatory minimum sentencing in Virginia Beach embezzlement cases refers to a sentence where a judge or a jury is required to give a person a certain amount of jail time and they cannot suspend that period of time. The legislature has decided that this can only be punished with jail time.

In Virginia, if it is a trial by a judge, there is no mandatory minimum. If it is a bench trial and the defendant is found guilty, the sentence would be between one and 20 years and the judge would have to give a defendant a minimum sentence, a jury would have to give the defendant a minimum of one year. If you face embezzlement charges and want to know more about how embezzlement sentencing guidelines and mandatory minimum sentencing may impact your case, contact an adept embezzlement lawyer who can help.

Difference Between Mandatory Minimum Sentences and Sentencing Guidelines

Sentencing guidelines provide the judge with a recommended range and they can use this Guideline to determine a sentence, within or outside that range. They are not required to adhere strictly to the Guidelines when determining any sentence. With mandatory minimum sentencing in Virginia Beach embezzlement cases, there are still the guidelines and mandatory minimums, but if the mandatory minimum exceeds the high-end of the Guidelines, they basically push everything up by that mandatory minimum and the judge does not have any discretion in terms of going below that mandatory minimum.

Mandatory minimum sentencing in Virginia Beach embezzlement cases carry the most penalties because there is no discretion. A judge has to sentence the defendant to that time, no matter what. In an embezzlement case and other property crimes, a judge may not necessarily want to give the defendant a jail sentence, but has to adhere to the mandatory minimum.

Impact of Criminal History on Applicability of Mandatory Minimum

A person’s previous criminal history will not necessarily embezzlement charges, but there are charges depending on the defendant’s past record. If the defendant has a past charge, similar to the present charge, that does carry within a mandatory jail sentence or prison sentence that the judge has to give the defendant without any sort of discretion.

A defendant can appeal the underlying case itself if there are circumstances that would lead them to believe that the judge or the jury found them guilty in error. A defendant can appeal for all of those reasons, but they cannot appeal the mandatory minimum sentence specifically unless they can show that the sentence is unconstitutional, and that is unlikely.

Under Virginia state law, a bench trial has no mandatory minimums. The only time there is a mandatory minimum is if the defendant is found guilty by a jury. The jury is required to give the defendant no less than one year in jail.

Importance of an Embezzlement Attorney

If the defendant is guilty of a charge that does not require a mandatory minimum, an embezzlement attorney can try to work out a deal where they would plead guilty to something that does have mandatory minimums. Failing that, the defense can present the evidence in such a way that the judge believes the mandatory minimums are appropriate. If an individual is charged with embezzlement that holds a mandatory minimum sentence, the defendant needs to seek out legal counsel immediately, and have the experienced defense attorney determine what can be proven. Maybe the charges could be reduced down to something that would carry a lower jail sentence.

If an individual is charged with embezzlement that holds a mandatory minimum sentence, the defendant needs to seek out legal counsel immediately, and have the experienced defense attorney determine what can be proven. Maybe the charges could be reduced down to something that would carry a lower jail sentence. If you have been charged with embezzlement and want to know more about mandatory minimum sentencing in Virginia Beach embezzlement cases, contact a skilled Virginia Beach lawyer who can answer your questions.