Mandatory Minimum Sentencing in Virginia Embezzlement Cases 

Under Virginia law, some statutes contain criminal charges. If someone is convicted of those charges, the statutes require the court to sentence a person to a mandatory minimum sentence. A mandatory minimum sentence is the amount that the judge must sentence the person to; they cannot suspend that sentence in any other way.

For example, a person has a charge that carries a mandatory minimum of a one-year jail sentence and they are convicted of that charge. No matter what the judge, jury, or prosecutor thinks is appropriate, that person must serve the full year and is not entitled to any good time credit. The sentence is at least twelve months and could be longer.

That situation is different from a statutory minimum sentence where every felony has a period of incarceration prescribed by the statute that is one to five years for Class 6 felonies, one to 20 years for many theft felonies, and so forth. The one-year sentence can be suspended in its entirety if the judge believes that probation is the appropriate disposition. Mandatory minimum sentencing in embezzlement cases is a non-issue in Virginia because a person cannot be subjected to a mandatory minimum sentence for embezzlement.

Mandatory Minimum vs Sentencing Guidelines

Mandatory minimum sentencing means that the court has no discretion over the minimum level of sentencing. When an individual has a mandatory minimum sentence in jail, the judge must give that person at least one year in jail regardless of what the guidelines recommend. When a person has a guideline recommendation less than the one-year mandatory minimum and the court is required to give that person a year of the mandatory minimum, the court must go above what the guideline range recommends. However, there are no mandatory minimums in embezzlement cases; therefore the guideline recommendation should always be considered by the court.

How An Attorney Can Help

The defense attorney provides a full picture of their client’s life at sentencing. The crime the person is convicted of and their standing before the court awaiting sentencing for that crime is a snapshot of one moment in time where they made a poor decision that landed them before the court. The defense attorney’s job at sentencing is to allow the court to see the good things about the client that allows the court to understand that, while the person may have committed a criminal act, they have not lived a criminal lifestyle. In fact, the person did many good things with their life. This tactic is often persuasive and convinces the court to sentence below an intense or harsh penalty at sentencing. If you have questions regarding mandatory minimum sentencing in embezzlement cases, consulting with a defense attorney can be helpful.