Estimation of Loss in Virginia Beach Embezzlement Cases
When someone is facing embezzlement charges, there are guidelines that take into account what the person is charged with. These guidelines consider the amount of money, the value of the property taken, and the person’s criminal record. This helps the courts produce a range of sentences and the guidelines give the person a number of points that translates into a sentencing range the judge uses to determine the sentence. It can be helpful to have legal representation during this process. While the judge is not required to follow the guidelines under the law, most of the time, the judge stays within those sentencing guidelines. An experienced Virginia Beach embezzlement lawyer has the resources to help.
Embezzlement cases can be complicated and unless someone has extensive knowledge of the law, they will need to attain a knowledgeable lawyer right away. Estimation of loss in embezzlement cases can determine your sentence. The courts must determine what was actually taken from the victim when they are estimating the loss. A lawyer will try to make the loss as small as possible. They will create a defense strategy focusing on what the Commonwealth can prove as embezzlement and steer the court away from any hypotheticals that could harm your case.
What is the Estimation of Loss?
The courts and prosecutors need to determine what was actually taken from the victim. Sometimes there is great bookkeeping and it is well documented exactly how much was taken. Other times it takes a great deal of effort in determining how much the victim should have, how much they do have, and work out from there. The victim bears the burden of showing how much was lost. When it is in finance or money, it is easy. When it is property, they have to establish the fair market value. For example, if it was someone’s vehicle, what would the value of is the vehicle be.
The Court does not include emotional value. If a victim is trying to determine how much something is worth, he does not consider intangible things; only how much it was worth.
Evidence To Determine Loss
In embezzlement, the amount of money that was entrusted to the defendant and how much of that money did not end up where it was intended, has to be proven. If it was spent on items the victim did not want, or if it was otherwise taken by the defendant, the prosecution would need to show that. The defendant must have evidence to determine an estimation of loss in embezzlement cases. If it was spent on the property or not spent on property, the prosecution would need to show the value of that property or how much it would cost to replace it.
Fair Market Value
Fair market value is how much something would be worth if it were available for anybody to buy or sell. For example, a vehicle that has certain mileage on it is going to be worth a certain amount when offering for sale.
Difference Between Actual Loss and Intended Loss
The actual loss is the exact amount taken by the defendant. Intended loss refers to things that the defendant meant to take, but did not get a chance to take it. It could be part of a scheme the defendant had planned on carrying out for the actual loss is the exact amount taken by the defendant. Intended loss refers to things that the defendant meant to take, but did not get a chance to take it. It could be part of a scheme the defendant had planned on carrying out for a long time but was unable to do so. That is something the Judge can consider.
Role of an Attorney
The role of an embezzlement sentencing lawyer can impact when the court is addressing estimation loss. The defense will try to make the loss as small as possible, and will focus on what the Commonwealth can prove was actually embezzled in order to steer the Court away from hypotheticals. These misguided scenarios are used to show the jury the possibilities of the case since they cannot prove with evidence what was actually taken.
If you are facing embezzlement charges and are unsure how to mitigate your case, it is critical that you attain a resourceful embezzlement lawyer. A local attorney understands Virginia Beach estimation of loss in embezzlement cases.