White collar crime can include both misdemeanor and felony offenses.
If you follow the news, you have probably heard the term “white collar crime.” This phrase is often used to describe something that an executive did, like embezzling. It may also be used when a doctor commits healthcare insurance fraud.
“White collar crime” does not have a specific definition under California law. Instead, as a white collar criminal defense attorney in Santa Ana, CA can explain, it generally refers to a certain type of crime. These alleged crimes are usually non-violent and committed for financial gain. In many cases, the people who commit these crimes are professionals or executives.
White collar crimes include a range of potential offenses, including fraud, bribery, forgery, embezzlement and even money laundering. They may be charged as felonies or misdemeanors, depending on the facts of the case and the underlying charge. For example, if a person forges the name of another person with the intent to defraud, they may be charged with forgery. This crime may either be charged as a misdemeanor or a felony and is known as a “wobbler.” If charged as a misdemeanor, forgery is punishable by up to one year in county jail. A felony forgery conviction is punishable by up to three years in county jail.
In many white collar crime cases, the penalty is not limited to jail time or even a steep fine. Courts often order the defendant in a white collar criminal offense to pay restitution. This is an amount that a defendant is ordered to pay to make the victim of their crime “whole” again. For example, if an executive embezzles $2 million from his company, then — in addition to jail time and fines — he will likely be ordered to repay the $2 million to the company.
In California, the “White Collar Crime Enhancement Law” allows your sentence for a white collar crime to be enhanced in certain situations. If you have been convicted of similar felony offenses and have stolen more than $100,000, then a court can impose additional penalties — such as extra time in prison or jail, higher fines, or both. For example, if you have a number of charges and are either convicted of 2 of the charges or have 2 prior white collar criminal convictions, you may be sentenced to an additional 2 to 5 years in prison. In addition, a court may seize your assets under this law when a complaint or indictment is filed against you.
Because of the potential for serious criminal and financial penalties if you are charged with or convicted of a white collar crime, it is vital to consult with a white collar criminal defense attorney in Santa Ana, CA as soon as possible after learning that you are under investigation or after you have been charged with this type of offense. Your lawyer may be able to advocate for you so that charges are never filed — and if charges are filed, they can aggressively defend you in court.
The Chambers Law Firm represents Californians who have been charged with a range of crimes, including so-called “white collar” crimes. If you have been charged with any California criminal offense, we can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
