Virginia federal embezzlement sentencing guidelines govern different aspects of a charge, considering elements such as how much money was involved. The amount of money that was alleged to be embezzled carries a lot of weight when determining the potential punishment, by identifying the proper sentencing guideline ranges.
Another factor in determining the sentencing range is whether the person was in a position of trust or is a public official. If you wish to learn more about this topic, speak with a knowledgeable attorney.
Sentencing Guidelines
For federal embezzlement cases, a key component for sentencing guidelines in Virginia has to do with enhancement factors. Essentially, the amount of money involved is a driving factor in the potential sentence a person could receive. Other factors that might come into play include the number of people involved, whether the person running the operation, the role they played, and whether the person held a position of trust or was a government official.
Other information comes into play when a person is at the actual sentencing. To potentially mitigate these elements, a good defense attorney highlights different things about their client, stresses their good characteristics, and brings a host of information that could help a client’s sentencing.
Sentencing Zones
Zones are delineated areas in the sentencing guideline table regarding federal embezzlement. While these are not mandatory, they are more of a guide for judges. There are four zones: A, B, C, and D.
Zone D and C
Zone D prescribes incarceration. When someone is in Zone D, probation or a non-custodial sentence is not really authorized. However, a judge can go below those guidelines based on their analysis of the factors they are required to look at in a sentencing.
If someone is in Zone C, then a sentence of imprisonment is authorized. There could also be a term of supervised release, such as community confinement or home detention, provided that half of the minimum incarceration sentence is satisfied by imprisonment.
Zones B and A
If someone is in Zone B, then the minimum term of the sentence could be satisfied by a sentence of imprisonment, community confinement, or home detention provided there is at least one month of imprisonment. Zone A does not require any imprisonment unless there is something in the statute that requires it, but that would be highly unusual.
Difference Between Federal Sentencing and State-Level Sentencing
There are more specific guideline enhancements in federal sentencing. It is more formalistic, but the same procedures still apply in state embezzlement charges. Usually, judges take a look at whether there are state-level guidelines and what those are, as well as the nature and circumstances of the offense.
They may also look at the person to see if there are mitigating or enhancing factors to take into account. The judge is always concerned about the deterrents, and about sending a message to the community. Furthermore, they determine whether the person needs any services. Overall, the factors are the same for sentencing embezzlement charges, but are just more formally laid out in most Virginia federal cases.
Importance of Hiring an Attorney
If you have been accused of misappropriating funds, it is important to understand how Virginia federal embezzlement sentencing works. By having a tenacious and well-versed lawyer present through each step, you could better understand the guidelines that govern your case—and how they might impact the outcome.
An attorney could also work to challenging some of the potential enhancements, questioning the amount of money involved, and bringing attention to the positive or mitigating information about a client. To learn more, call today to schedule a consultation.
