Misconduct Enhancement in Virginia Beach Embezzlement Cases 

A misconduct enhancement is when there is something about the defendant’s case, or something that they have done, that leads the judge to give the defendant a higher sentence. Misconduct enhancement in VA Beach embezzlement cases can be especially difficult for a person. A skilled Virginia Beach embezzlement lawyer is here to fight on your behalf.

Behaviors for Misconduct Enhancement

On the sentencing guidelines, the judges take into account the amount of the embezzlement. If it is over a certain amount, the person gets extra points. Each point on a guideline equals approximately one month towards sentencing. For example, if it is over a $100,000, that can result in another 30 points on a perosn’s sentencing guidelines, which would push the sentence up two and half years. Other considerations that the judge can take into account are how long the embezzlement was going on and who the other party was. Misconduct enhancement in a VA Beach embezzlement case is a very serious matter.

Misconduct Enhancement and Sentencing

Virginia does not have any mandatory minimums for embezzlement. However, in the sentencing guidelines, when a person goes over a certain threshold amount, that can add on extra points, and extra points translate to more months in prison. Even if they are not specifically written in the guidelines, the judge can take into account everything that the defendant has done that can be proven. That is what a jury will look at. The more the defendant did, the worse it is going to be in front of a jury.

Minimizing Negative Consequences

One thing the defendant can do, if they are able to, is to start repaying the other party or put money aside for repayment to bring down the amount the defendant owes the other party. That action can go a long way because it shows the judge that the defendant is taking action for their crime. Often in embezzlement cases, the ultimate goal is to put the other party back in a position they were in before the crime was committed. If the defendant can show that they are willing and able to do that, a judge will give them credit for that. Misconduct enhancement in a VA Beach embezzlement case can be mitigated.

Contacting a Lawyer

A person is dealing with a charge that can result in a lengthy jail sentence, as well as significant costs and reimbursement owed to the other party. They could lose financially, socially, and could go to jail. A person in this situation needs a professional lawyer on their side who can keep consequences to a minimum

If a defendant can show that the amount embezzled was below one of the threshold numbers, that will help a lot. That factor directly impacts the sentencing guidelines. The next step would be to portray the case in the best possible light, keep out damaging information about what the defendant has done, and downplay anything bad including the relationship with the other party or the length of time that the embezzlement went on. Call a trusted attorney today.