The penalties for embezzlement crimes can vary from state to state and even within a given state. These can range from minor fines to years in prison, and they can also have a serious impact on the future of the accused. This is why it’s important to speak with an experienced lawyer if you’ve been charged with embezzlement.
Defending against Embezzlement Charges
Many criminal defenses can help to defend against embezzlement charges. One of the most common is the lack of sufficient evidence. This is especially true if the case involves a large amount of money or property that was stolen. In addition, if the prosecution fails to produce enough proof to prove guilt, it’s possible that the defendant may have their embezzlement charges dismissed altogether.
Penalties and Sentencing for Embezzlement in New York
Depending on the value of the stolen goods or property, embezzlement can be charged as either a misdemeanor or felony. Generally, the higher the value of the property stolen, the more severe the crime will be.
A misdemeanor offense is punishable by up to a year in jail and a fine of up to $1,000. Felonies are much more serious, with sentences of up to 15 years in prison and steep fines.
In New York, the most severe type of theft is larceny in the first degree. This is a Class B felony, and it’s typically charged when the value of the stolen goods or property exceeds $1,000,000.00 (the equivalent of about $20,000-$50,000 in cash).
Another form of larceny in New York is grand larceny in the first degree. Grand larceny in the first degree is a Class A felony, and it’s usually charged when the value of the stolen goods or money exceeds $100,000.00 (the equivalent of about $50,000-$1 million in cash).
Whether the crime is charged as a felony or misdemeanor, restitution can be required. Restitution is when a judge orders the defendant to pay back any funds or assets that were taken from the victim.
The exact amount of restitution depends on the value of the stolen property, but it is typically somewhere between a certain percentage and a fixed dollar sum. This is why it’s so important to talk with an experienced lawyer if you’re facing charges of embezzlement in New York.
What are the penalties for Embezzlement in Federal Court?
Unlike state and local court cases, a conviction for embezzlement in federal court will have far-reaching consequences. This is because it’s considered a federal crime under the Racketeer Influenced and Corrupt Organizations Act. In fact, the punishment for a conviction in federal court can be as severe as 20 years in prison and up to $50,000 in fines.
A good New York embezzlement defense attorney will be able to examine the circumstances of your embezzlement and identify any mitigating factors that can help you avoid the harshest punishments. It’s also crucial to know how your situation might affect your ability to find a job in the future, as this can have an impact on the penalties you face.