Can Paying the Money Back Keep You Out of Prison?

When someone is charged with a financial crime in Connecticut, the first question they usually ask is, “Am I going to jail?” The immediate follow-up is almost always, “If I just pay the money back, will this go away?”

In larceny, embezzlement, and white-collar cases, restitution is the undisputed heavy hitter in plea negotiations. Understanding exactly how prosecutors evaluate these cases—and how your ability to repay the funds impacts your sentencing exposure—can dramatically alter the outcome of your case.

As a criminal defense attorney handling financial crimes statewide in Connecticut, here is the reality of how these cases are prosecuted and resolved.

Understanding the Charges: Felony Larceny Thresholds

Connecticut grades larceny offenses (C.G.S. §§ 53a-122 through 53a-125b) based on the dollar amount involved. In most corporate embezzlement, employee theft, or grand larceny cases, the charges escalate to serious felonies based on these specific financial thresholds:

• Larceny in the Second Degree (Class C Felony): Applies when the theft of property or services exceeds $10,000.

• Larceny in the First Degree (Class B Felony): Applies when the theft exceeds $20,000.

A Class B felony is incredibly serious, carrying an exposure of up to 20 years of incarceration per count.

(Note: There is a notable exception to these standard limits. If the victim is a “public community”—such as a taxpayer-funded program or Medicaid—the threshold for Larceny in the First Degree drops aggressively to just $2,000. This means minor public billing fraud can instantly trigger the exact same 20-year felony exposure as stealing $100,000 from a private employer.)

Why Restitution Drives the Negotiation

In financial crime cases, prosecutors generally have one primary objective: recovering the money. This is especially true when the alleged victim is a small local business or a private individual.

Because Connecticut law (C.G.S. § 53a-30) allows restitution to be imposed as a condition of probation, negotiations frequently center around leverage. Can you pay the full amount back immediately? Can you make a substantial down payment? Can you commit to a structured payment plan?

Your liquidity and access to funds often shape the very framework of the State’s offer.

How Financial Plea Offers are Actually Structured

When a case is resolved pre-trial, the agreements usually fall into one of a few categories:

• The Fully Suspended Sentence: In cases where a defendant can make a substantial upfront payment or full restitution, the State may agree to a fully suspended sentence. This means no jail time, provided you successfully complete probation.

• Split Sentences: A term of incarceration that is suspended after a specific period served, followed by probation, where restitution is a mandatory condition.

• Diversionary Programs (AR): For first-time, non-violent offenders, full restitution significantly increases the chances of being granted Accelerated Rehabilitation (C.G.S. § 54-56e). If completed successfully, AR results in a total dismissal of the charges and no criminal record.

When Writing a Check Isn’t Enough

While restitution is your best bargaining chip, it is not a get-out-of-jail-free card. Courts are fully prepared to impose incarceration—even if the money is returned—in cases involving:

• Repeat offenders
• Large-scale, prolonged, or highly sophisticated schemes
• Severe breaches of fiduciary duty or professional trust
• Egregious public corruption

The Strategic Reality of Trial

If a fair resolution cannot be reached, you have the absolute right to take your case to a jury.

However, taking a complex financial or embezzlement case to trial is a massive undertaking. It requires forensic accounting, the review of thousands of documents, expert witnesses, and weeks of courtroom time. Trial always carries risk; if convicted of a Class B or C felony, the judge has broad discretion to impose severe penalties.

Deciding whether to accept a restitution-based plea or fight the charges at trial requires a cold, rational risk analysis. You have to weigh your sentencing exposure, the strength of the State’s evidence, the financial and reputational costs of a trial, and your ability to make the victim whole.

Call to Action: Protect Your Freedom and Your Future

If you are facing charges for Larceny, Embezzlement, or any related financial crime, do not wait for the prosecutor to back you into a corner with an accept-or-reject deadline. These cases are highly negotiable, but only if they are handled strategically from day one. Contact  Allan F. Friedman Criminal Lawyer today for a confidential consultation to get clear, aggressive advice about your exposure, your leverage, and your best options for moving forward.

Allan F. Friedman Criminal Lawyer – (203) 357-5555 – Statewide Connecticut Representation or use our online contact form.

Frequently Asked Questions (FAQs)

1. Will I definitely go to jail for felony larceny in Connecticut?

Not necessarily, but the exposure is severe. First-Degree Larceny carries penalties of up to 20 years in prison. However, with proactive negotiation and substantial restitution, many cases can be resolved with suspended sentences or probation.

2. Can I get my charges dismissed if I pay the money back right away?

Paying restitution upfront is your strongest negotiating tool, but it does not automatically guarantee a dismissal. For first-time offenders, full restitution greatly increases the likelihood of entering a diversionary program such as Accelerated Rehabilitation (AR), which can lead to a dismissal.

3. What makes a larceny charge a Class B felony?

In most private theft or embezzlement cases, Larceny becomes a Class B felony (First Degree) when the value of the stolen property exceeds $20,000.

4. How does restitution work if I don’t have all the money upfront?

If you cannot pay the full amount immediately, courts often allow structured payment plans as part of your probation or diversionary program conditions. You will typically need to make a substantial down payment at the time of your plea.

5. Does Accelerated Rehabilitation (AR) apply to white-collar crimes?

Yes, AR can be applied to certain non-violent financial crimes and larceny charges, provided you generally have no prior criminal record. The judge will heavily weigh your ability to make the victim whole by paying restitution before granting the program.

6. Who decides the final amount of restitution I owe?

The restitution amount is typically negotiated between your defense attorney and the prosecutor based on actual, documented financial losses, rather than speculative numbers. The judge ultimately reviews and orders the final amount.

7. Can I be charged with Larceny for an honest accounting mistake?

No. Larceny offenses require the State to prove that you acted with the specific intent to permanently deprive the owner of their property. A simple bookkeeping mistake or accident is a valid legal defense.

8. Do I need a specialized attorney for an embezzlement case?

Yes. Financial crimes require an attorney who understands corporate accounting, banking records, and complex negotiation tactics. A standard defense approach often misses critical nuances in the financial evidence that could be used to lower the restitution amount or defeat the charges.

9. Will a larceny conviction ruin my career?

A conviction for a crime involving dishonesty or theft can be devastating, especially for licensed professionals or fiduciaries. That is why avoiding a conviction through diversionary programs like AR, which seals your file from public record, is always the primary goal.

10. When should I hire a lawyer if I suspect my employer is investigating me?

You should hire an attorney the moment you suspect an investigation, long before the police are ever called. Intervening early allows your lawyer to potentially negotiate a civil restitution settlement with your employer before criminal charges are ever formally filed.