It is a common misconception in a New York embezzlement arrest, charge, or indictment, is that it is a white-collar crime that has no victims because insurance will take care of the damage. However, this is incredibly far from the truth.
If you have been charged with embezzlement, it is important to avoid falling prey to believing any of the common misconceptions associated with the charge. These charges will not only be taken extremely seriously by prosecutors and law enforcement, the punishments and collateral consequences can be life altering. Consult with an experienced theft attorney to begin building a defense as soon as possible.
Common MisconceptionsThere are many common misconceptions associated with embezzlement charges. Some these include the idea that when it comes to financial crimes such as this, no one has been hurt, there are no “real” victims, that if the business has been operating and has not noticed that an individual has been stealing and skimming for the past few years it can’t be significant, and that these sorts of criminal offenses and charges are so-called “victimless crimes.” These are all far from the truth, and anyone accused and convicted of committed a white-collar offense of this nature will likely be dealt with harshly by the criminal justice system in the current climate.
To be sure, people affected by embezzlement crimes are sometimes seriously impacted. There are other victims as well. For example, while the accused individual is locked up, their family may suffer either from financial hardship or the simple emotional strain that this process can take on any person. That person’s family’s housing situation may suffer, they may not be able to afford groceries, and other daily needs may go unaddressed for in indefinite period of time.
Amount of LossPerhaps the biggest misconception about embezzlement related charges is that small amounts of money cannot hurt a bank, hedge fund, or other large institution. While there may be some truth to this on a practical level, this often has little or no bearing on a case in the eyes of the law. Some of the effects can be non-obvious, going beyond the financial loss, such as their ability to operate securely, additional costs associated with heightened security measures and internal investigations, and so on. Even large businesses and enterprises can be seriously affected by any sort of financial loss.
A person must build a defense so that they can fight any sort of allegation they are up against. An individual can fight it factually, or it may be the best course of action to focus on the mitigating circumstances surround a case of the individual accused person
Human Element of the CrimeWhen they have been charged with a crime of embezzlement, an individual must contend with the human side of the crime. For example, an individual may claim that their business is closing because of the impact that the crime had on them. They may detail how the crime impacted their family, their employees, how they cannot eat or sleep, how bills have gone unpaid, and all further complications.
When the DA hears from these individuals affected by the crime and their explanation as to what happened, how they feel violated, and the impact of the embezzlement or other theft crimes. Such factors will impact the decisions made by a prosecutor and a court, especially in the context of plea negotiations and sentencing.
No matter if an individual stole ten thousand dollars or a million dollars, there will always be a human element involved in the crime. An individual must take this seriously when understanding the common misconceptions associated with a New York embezzlement charge, and understand the severity and impacts of this kind of crime. An individual must be ready to confront, explain, or minimize these human elements because there is no doubt that they will factor in just as heavily, if not more, into the specific ways in which a case is ultimately resolved and the ramifications that result will have for the individual who finds himself or herself on the wrong side of the criminal justice system.
Call the criminal defense attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today.