Specific Offenses and Characteristics of Embezzlement in Virginia Beach

Embezzlement is considered a larceny crime and is one of the lower tiers in terms of penalties. In the specific sentencing guidelines, an embezzlement charge, one count, is given two points; whereas, something like grand larceny of an automobile is given five points.

When examining the specific offenses and characteristics of embezzlement  in Virginia Beach, the sentencing scale takes into account a person’s past record; whether or not they have spent any time in jail before; and the amount that they have embezzled; and produces a score which is then translated into a sentencing range for the judge to use in sentencing. A capable embezzlement lawyer can attempt to lessen the severity of a sentence.

Factors That Determine Sentencing

When discussing the specific offenses and characteristics of embezzlement in Virginia Beach, it is important to discuss the factors that determine sentencing. One of these factors is the amount of money that was embezzled and who it was embezzled from. That is not in the guidelines, but that is something a judge will consider, as well as if the defendant took advantage of a close family relationship; that will likely be punished harsher than if the defendant took advantage of an employer.

Impact of a Criminal History

A person’s criminal history affects sentencing in a couple of different ways. First of all, the sentencing guidelines take into account the criminal record. If the defendant has a history of committing crimes, especially property crimes or larcenies, the Guideline is going to take that into account and gives a higher score. The judge is going to be less sympathetic to a defendant with a history of committing the same thing over and over again. It is going to be tougher to convince the judge that this was just a one-time mistake if they spent their life making those mistakes.

If a person has a clean record and does not have a history of being caught stealing money, the judge may give them a break here. If the defendant was under stress and made a mistake, by looking at their past record, the judge might agree that that is what happened.

Common Characteristics in Embezzlement Cases

Specific offenses and characteristics of embezzlement in Virginia Beach cases would have to show that a person had some pre-existing relationship with the owner of the property and that they had the right to that money or that property, but used it for their own purposes. Common characteristics mostly involve employers or taking money from a person’s employer.

What happens is, the defendant is responsible for making deposits, money received from clients, into the company’s account. Then the defendant will devise some sort of scheme where not all of that money ends up in the bank; some of it will be skimmed off the top.

Impact of Embezzlement Methods on Sentencing Scale

The guidelines only chart how it was committed and the amount taken. However, a judge is going to look at how a person did it, and if the victim here was an elderly grandparent, that is likely going to be held against him more than if it were in a faceless employer.

When considering the specific offenses and characteristics of embezzlement in Virginia Beach, judges will be very upset that a person took advantage of a friendship, trust of a family member, or friends for that matter. That is something that will tend to be punished more harshly by a judge.

Evidence a Defense Attorney Can Use

The defense attorney can point to the amount taken and what it was taken for. It may have been a relatively small amount, like $600, which in Virginia is a felony. But in the grand scheme of things, it is a huge amount of money if it was being used for a sick family member. If the defendant has a light criminal history, that would work in their favor.

Another defense is that the defendant may have a good relationship with the victim (possibly a family member), and the family member does not want the defendant to go to jail. That is something for the judge to think about, that the two parties have made their peace.

Role of an Attorney

A person charged with embezzlement needs to talk to a lawyer is familiar with the specific offenses and characteristics of embezzlement in Virginia Beach and can use that information to present their case as best as they can. The Commonwealth is going to try to show the defendant as a greedy person and make them look as bad as possible.

The defendant may have had a good reason for what they did. An experienced sentencing lawyer, at the point where the defendant is going to be found guilty, can present the facts in such a way that the judge may not have sympathy for them but is also not angry with them.