Identifying Embezzlement Sentence Recommendations

The loss amount is the only offense characteristic that a Virginia embezzlement attorney can influence in the sentencing because everything else is black and white in the sentencing guidelines. However, the loss amount can be shades of gray. For example, the employer might state that the person stole many thousands of dollars, when in fact, there is not enough proof of that claim. There is only proof of a much smaller amount.

An embezzlement lawyer in Virgina can require that the government proves the actual loss amount through the use of financial records. Sometimes, the employer overstates the amount of the loss. Having a lawyer by one’s side throughout the sentencing process helps negate some of the claims made by the employer.

Determining Size of Sentence

Section A requires the preparer of the guidelines to assign points for various documents. The preparer must look at the primary offense, prior convictions related to property, any prior convictions to include prior misdemeanor convictions, whether the person has previous incarcerations, a juvenile record, and whether the person was legally restrained at the time of the offense. Legally restrained means that at the time of the offense, the person had bonds; was on parole or probation; or was under community corrections supervision

In Section A, the state requires the preparer of the guidelines to assign points for various documents. The preparer must look at the primary embezzlement offense, prior convictions related to property, any prior convictions to include prior misdemeanor convictions, whether the person has previous incarcerations, a juvenile record, and whether the person was legally restrained at the time of the offense. Legally restrained means that at the time of the offense, the person had bonds; was on parole or probation; or was under community corrections supervision

Next, the amount of the embezzlement is identified. Based on the amount embezzled in Virginia, a point value will be assigned. The preparer totals the points when Section A is completed.

When the total is below 15 points, the preparer goes to Section B. When the total is 16 points or higher, the preparer goes to Section C. Section B sentencing is probation and no incarceration or probation and incarceration of only one day to six months. When a person comes to the end of Section A, they want to be 15 points or less.

Identifying Specific Guidelines

Section B and C consider the same variables and assign points in different ways to the guideline calculation. Under Section B, the primary offense is used along with any additional offenses, previous convictions, and the amount of the embezzlement. These are totaled and if the points are 0 to 11, the recommendation is probation only. When the total is 12 or more points, the person gets incarceration of one day to six months.

When a person is forced to go into Section C, the recommendations from the guidelines include prison time. The points and values are influenced by the primary offense, additional offenses, prior convictions, prior juvenile records, being legally restrained, and the amount of the embezzlement. Those factors are added to obtain a score or offense level that is applied to a table.

Under Section C, which is sentencing recommendation table; there is a range and a midpoint of sentencing. For example, if a person’s score on Section C is 20; their sentencing range is 11 months to two years and eight months of incarceration. The sentencing midpoint is one year and eight months.There are various factors that can add up to a large sentence or a relatively minor sentence.

Important Characteristics

The most important offense characteristic in defining the recommended sentence for an embezzlement charge is the loss amount. Virginia sentencing guidelines take into account the loss amount in an embezzlement case. This is where Virginia is different from the federal sentencing guidelines. The federal sentencing guidelines take the loss amount of the victim into account for every financially based crime whether it is fraud, theft, or anything.

Virginia does not do that with every theft related crime. However, they do consider the loss amount with embezzlement related crimes. In that way, Virginia is similar to the federal system. The other important consideration that the court deliberates when preparing a sentencing guideline are additional offenses and prior convictions. Prior convictions always seem to ratchet up the guideline numbers faster than anything else.

With the Virginia sentencing guidelines, there are three Sections: A, B, and C that must be consulted to identify the proper embezzlement sentence, given the offense’s characteristics.