When someone is charged and convicted of embezzlement, it is often a shock to their family and friends – largely because embezzlement generally only happens when people are in positotions of trust.
The forces that drove a once law-abiding person to theft can often be explored as part of mitigation when it comes time to sentence them — and mitigating factors can make a big difference.
What are “mitigating factors”?
Mitigating factors provide details about the defendant or the offense that may lead to a lighter sentence. They don’t completely absolve the defendant of the crime. Instead, they provide context to give the court an overall picture of the situation. Without mitigating factors, the court has only the basics of the offense, which may lead the judge to impose a harsh sentence.
- If an individual is charged with embezzlement, mitigating factors that could influence the court’s decision include:
- There is no prior criminal record. This is their first offense in a personal history of lawful behavior and community involvement.
- They are making a voluntary effort to repay the stolen funds, showing accountability and a desire to make amends.
- The defendant cooperated with the investigation.
- Mental illness or addiction led the defendant to embezzle, and they are currently seeking treatment.
- The defendant experienced an unexpected personal or financial crisis.
Mitigating factors help to humanize the defendant. They show everyone makes mistakes, but one bad judgment call shouldn’t ruin someone’s life. Jurors can sympathize with someone who has found themselves in a desperate situation.
Furthermore, a court may be more lenient with a defendant who shows accountability and remorse and is making restitution efforts or receiving treatment for their personal issues. The court may reduce the penalties for someone who’s not likely to reoffend.
If you’re facing embezzlement charges, you may want to seek professional legal guidance. Mitigating factors may play a key role in your defense strategy and an opportunity to put this unfortunate situation in the past.
