Legal Question in Criminal Law in Virginia

8th amendment violation

I have a friend that was just sentenced 28 years with 14 suspended for embezzlement totaling approx. 350,000.00. The sentencing guidlines listed 4 years - 10 years 1 month with 8 years 4 months being the medium. The pre-sentence report scored her an overall ''14'' and recommended ''Alternative Punishment''. My question is: Would this be excessive punishment based on the actions of her crime? Do they have a strong reason to appeal it? Overall I guess I'm just looking for some advice on the subject.


Asked on 7/04/02, 6:39 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: 8th amendment violation

It sounds as though your friend is doing 14

years for a felony conviction involving the embezzlement of $350,000, which would appear(based

on your facts) to be above the guidelines.

You give no indication as to what your friend's

prior record was, if any, or what aggravating factors may have caused the judge to impose something near the statutory maximum. The sentencing judge is not required to accept the recommendations of the PSI report, and may deviate from the guidelines where she or he

deems it appropriate.

I have no way of knowing whether your friend has a "strong reason to appeal it" since I don't

know whether you're referring to the appeal of her

conviction or the sentence imposed. It would be

extremely unlikely for a judge to impose an illegal sentence which would be almost certain to be reversed on appeal.

Read more
Answered on 7/04/02, 1:56 pm


Related Questions & Answers

More Criminal Law questions and answers in Virginia