NYC Theft Crime: Embezzlement Penalties
Embezzlement is a crime that comes with significant dollar amounts. The higher the value of the money stolen, the greater the potential penalties. People can be tried on embezzlement charges in both federal and state court. On a state level, the potential penalties vary slightly from statute to statute.
When a person is arrested on embezzlement charges, the prosecutor will typically make a request for a specific bail amount so that the individual can be kept from using the bail money for their own purposes. The goal there is to be certain that the individual remains in custody until their stolen money has been posted as bail. As long as they remain in custody, they can’t abuse or spend the money
If you’re suspected of any crime, you should get in contact with a lawyer right away. It’s particularly important with embezzlement charges, though. Embezzlement penalties can be extremely severe, and you’ll want a lawyer to help form a strategic defense and explain your options. A skilled attorney can help to lessen the charges against you or get them dismissed entirely.
Surety Hearing
The prosecution might ask that the judge give them a surety hearing. This is a hearing that determines whether the bail money has been stolen. One example would be if a person posts $100,000 for their bail. The prosecutor may ask that they have a chance to review where the money came from for 72 hours before the individual is released.
If the prosecutors find that the money used is the same money that the person stole, the individual will not be able to use it as bail money. They will need to find bail money from another source. They also won’t get back the money that they stole. This can put people in a tough position, and they might be placed in custody in a number of different jails throughout different counties.
Consequences of Embezzlement
The severity of embezzlement charges depends on the amount of money that you’re said to have stolen. Different degrees are broken up by different dollar amounts. The higher the amount gets, the more severe a felony it is. The more money you steal, the greater the chance that you’ll suffer a long-term prison sentence. You will have a seriously decreased ability to maintain your lifestyle, even if you manage to escape incarceration or get a shorter jail sentence.
The reason for this is the indelible nature of the crime. Embezzlement crimes don’t go away, and they cannot be filed or expunged from your record. If you’re a public figure, there’s a good chance that the media will follow these crimes or dig them up in your past. This can be devastating to a person’s reputation. As for the legal penalties, they vary depending on the circumstances surrounding the crime.
Aggravating Factors
The first factor that will be considered is how much money was embezzled. If you embezzle more than a thousand dollars, that’s a class E felony. More than three thousand dollars makes it a class D felony. Over fifty thousand dollars is a class C felony, while over one million dollars is a class B felony.
Another factor taken into consideration is the person’s prior criminal history. In some states, if you have any felony convictions within a certain period of time, a second felony conviction comes with mandatory jail time. A judge will also consider whether you have a history of white collar crime. If you’re a repeat offender, you’re more likely to get a higher sentence. The DA’s office may dig into your past and find other charges to bring against you in addition to the initial embezzlement charge.
All of these factors are taken into consideration when a prosecutor and a judge set a person’s bail and determine whether any plea negotiation will be opened.
Misconceptions
Some people have misconceptions about what embezzlement is. One is the belief that stealing from a company will not affect any individuals because the company has enough insurance to deal with the damage. While this does happen sometimes, there are other times that embezzlement can be a deciding factor in a company’s bankruptcy or drastic layoffs. There’s no guarantee that insurance will cover all theft.
People have a misconception that white-collar crime is always victimless, and that white-collar crime isn’t serious enough to be prosecuted. The DA’s office employs special investigators specifically to deal with white collar crime. You can and will end up in prison for years if you don’t get adequate legal counsel.
Some prosecutors are solely employed to investigate embezzlement and fraud offenses. These prosecutors are experts at what they do. They spend their entire careers perfecting cases against defendants. To protect against them, you need a defense lawyer who’s equally experienced.