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Theft Crime: Sentencing Hearings

March 21, 2024 Uncategorized

Sentencing hearings are the hearings at which a person who has been convicted of a crime is given their sentence. Before a person can be convicted of a crime, the prosecutor must prove beyond a reasonable doubt that the accused willingly and knowingly perpetrated a crime. Different theft crimes are defined differently, but all have the taking of another individual’s property or money in common. To be convicted of a theft crime, the prosecutor must also prove that the property or money that was stolen amounted to a certain documented dollar amount.

It’s important to understand the elements that must be proven for a conviction. These are vital components when you have your sentencing hearing. The factors relevant to your sentencing should be discussed with your defense attorney. The sooner you get in contact with your defense attorney, the more effective their counsel will be. They can consider the facts of the case, talk with you about your options, negotiate with the prosecutors for a plea deal, create a strategy should you go to trial, and act as your shield against the justice system.

Sentencing Guidelines

There are dozens of different theft crimes, and different states have slightly different definitions and statutes. As a general rule, crimes can be classified as misdemeanors or felonies. Theft crimes tend to become felonies when the property taken comes to more than $1,000.

A Class E felony is the most mild felony, and it occurs in theft crimes with amounts between $1,000 and $3,000. The potential sentence for the conviction is a range of between one and three years in prison. Class D felonies, which are sums from $3,000 to $50,000, have potential prison sentences of between two and one third and seven years. Class C felonies, which are sums from $50,000 to $1,000,000, are accompanied by anywhere from five to fifteen years incarcerated. A Class B felony, which is a theft in excess of $1,000,000, has up to twenty-five years in prison and also includes a mandatory minimum incarceration period in many states.

Defense Preparation

Your defense will vary depending on the charges leveled against you, the exact circumstances surrounding the case, the evidence that has been gathered against you, and the prosecution’s willingness to negotiate. Every person’s case is unique, and there’s no one-size-fits-all formula for a defense against theft charges.

That’s why it’s so important to get in contact with an experienced defense attorney as soon as you’re arrested. The best thing you can do for your defense is to get a lawyer and refuse to talk to law enforcement without your attorney present. Your defense attorney will be able to analyze and assess all of these different factors in your case, and then they’ll explain the situation and your options. By talking with them, you can decide on the best defense strategy going forward.

Another important thing is to be as transparent with your attorney as possible. Your attorney is bound by attorney-client privilege, so even if you’ve committed a crime, they’re still obligated to provide you with the best legal defense they can. By giving your attorney a full accounting of what happened and what you want from the situation, you help them to build a case strategy that works for you.

Some of the things you’ll want to tell your attorney include:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Who you are
  • What transpired or didn’t transpire
  • Whether you know anything about any stolen funds or property, and if so, the details about what you know
  • Whether you know anything about why any stolen funds or property were taken and how they were used
  • Whether you believe there may be evidence of criminal activity that could get you or someone important to you into trouble

Lessening Penalties

The goal of your defense attorney is to help you get through the case with the most reasonable sentence possible. In some cases, they may be able to poke enough holes in the prosecution’s case to get the charges dropped before anything can go to trial. Your lawyer will also negotiate with the prosecution during the hearing process to find out whether plea deals are an option.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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Criminal Defense Lawyers Trusted By the Media

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