White collar crime typically involves non-violent crimes committed by professionals for financial gain. In California, white collar crime is used as a sentencing enhancement, rather than charged as a separate crime.
California Penal Code Section 186.11 allows California prosecutors to add the “aggravated whitecollar crime enhancement” when the following factors exist:
- – The defendant committed two or more related felonies which have a material element of fraud or embezzlement;
- – The felonies are based on a pattern or series of acts by the defendant; and
- – The defendant’s actions have resulted in the loss of more than $100,000.
If you find yourself facing charges for committing white collar crimes, you need to consult with an experienced white collar criminal defense attorney right away. Contact the Law Office of Mark Greany as soon as possible for a free consultation.
White Collar Crime in California
Examples of crimes falling under the classification of white collar in California include:
- – Fraud,
- – Forgery,
- – Money laundering,
- – Embezzlement, and
- – Counterfeiting.
If the court adds a white collar crime enhancement to your charges, you can face increased fines and a longer sentence of incarceration.
A white collar crime defense attorney can present evidence that your case does not qualify for the sentencing enhancement or negotiate with the prosecution to lessen your charges.
Fraud
In California, fraud occurs when the defendant intentionally misrepresents, deceives, or conceals a material fact from another person with the intent of depriving that person of his or her legal rights or causing harm or loss to that person.
Typically, those who commit fraud seek either financial gain or avoid criminal liability. While California considers some fraud crimes felonies, others are considered misdemeanors.
Since you can receive a white collar crime enhancement only upon committing two felonies, having a white collar crime defense lawyer to advocate for keeping your fraud charge a misdemeanor can help you avoid the enhancement altogether.
Embezzlement
California defines embezzlement as the fraudulent taking of property for personal use that was placed in the defendant’s trust by another party, with the intent to permanently deprive the true owner.
California charges embezzlement activities under the crimes of either grand theft or petty theft, depending on the value of the property misappropriated.
While petty theft constitutes a misdemeanor, prosecutors can charge grand theft as a felony or a misdemeanor.
How Can a White Collar Crime Defense Attorney Help Me?
Under California law, prosecutors must establish multiple factors before a case qualifies for a white collar crime enhancement. Avoiding the white collar enhancement can mean the difference between being sentenced to probation and spending several years in jail.
At the Law Office of Mark Greany, we understand the gravity of facing these charges and the implications if your charges result in conviction.
Our managing Attorney Mark Greany possesses extensive knowledge in the area of criminal law and brings a passion for civil liberties and justice to the table. Reach out to the Law Office of Mark Greany today to start your free consultation.