Facing white-collar crime accusations in California can be a difficult situation for anyone. The accusation will have a severe effect on your life, whether you are innocent or not. In addition, white-collar crimes in California are charged by both the federal government and the state. This means that you will need to hire an experienced criminal attorney to represent you.

Although a white-collar crime does not involve the application of violence, a conviction will lead to severe repercussions for you and your business. Therefore, contact the California Criminal Lawyer Group in Fresno to handle your case. Our white-collar attorneys will review your case and discuss the available legal options that you can explore.

What is a White-Collar Crime?

A white-collar crime is non-violent and is usually committed with the aim of gaining a financial advantage. Most white-collar crimes are characterized by the use of deceit, trust violation, and concealment. The perpetrator does this to ensure they obtain or do not lose property, financial gain, or even some services. The law classifies the following offenses as white-collar crimes, and they include:

Bribery

California Penal Code defines bribery as the act of offering, taking, or giving a public officer or someone holding an influential position something valuable with the intention of influencing their decision. Bribery is a felony offense, and it is charged under several Penal codes:

 California PC 67 and 68

Under these penal codes, the law makes it unlawful to bribe public or government officials like law enforcement officers.

California PC85 and 86

Under these penal codes, it is a crime to bribe a legislative officer like members of county legislative bodies, school district legislative body members, and state legislators, among others.

California PC 92 and 93

Under these Penal Codes, it is a crime to offer bribery to a judicial officer.  The law considers jurors, judges, and other court personnel authorized to listen to legal matters as judicial officers.

California PC 137 and 138

These penal codes make it a felony to bribe a witness in a criminal case.

California PC 165

It is a crime to bribe a county board member; some of them are city or county board of trustees, common council members, and trustees in a public corporation.

California PC 641.3

Under this Penal Code, it is a crime for an employee to receive a bribe to use their employment status to ensure another person benefits.

Elements of Bribery

Bribery is a felony offense that has severe repercussions for all the parties involved. Therefore, the prosecution has the duty of proving beyond reasonable doubt the following elements for bribery charges to hold in court:

  • You issued or promised to give a bribe or something that has a present or future value to someone.
  • You offered the bribe intending to sway another person’s action to favor you, or on behalf of another person,
  • You gave the bribe to influence a public official unlawfully to gain something or have the upper hand.

Penalties for Bribery

Bribery is a felony offense apart from commercial bribery, and a conviction will lead to maximum four-year imprisonment in state prison or formal probation. However, a judge can issue formal probation instead of incarceration.

Commercial bribery can be charged as either a misdemeanor or a felony depending on the nature of the crime, as it is a wobbler offense. A misdemeanor conviction for an amount that is less than $1,000 will lead to a maximum of one-year imprisonment in county jail. But if the sentence is for an amount that is higher than $1,000, you may face a felony charge leading to a maximum imprisonment of up to three years in state prison.

Legal Defenses against Bribery Charges

False Accusation

You may be facing bribery charges due to false accusations, which happen most of the time. It is up to you and your defense attorney to prove to the court that you are falsely accused due to jealousy, revenge, or mistake.

You Had No Corrupt Intent

For bribery charges to hold, the element of corrupt intent must be there, all you need is to prove you had no corrupt purpose, and the bribery charges may be dismissed.

You were trapped

You can use this defense when a police officer lures you into doing so. You will need to prove that you only did it since the police trapped you into it.

Embezzlement California PC 503

You will face embezzlement charges when you take someone’s property that is entrusted to you and use it and, in so doing, deprive the owner of the use of the property. For instance, if you are a cashier at a mall and then pocket some cash from the business, you may face embezzlement charges. Embezzlement is a wobbler offense which means that the prosecution will charge you depending on the property value. When you face embezzlement charges for a property with a value less than $950, you will face misdemeanor charges, and anything above this amount is a felony offense. 

Elements of Embezzlements

When it comes to embezzlement charges, the prosecutor has to prove the following elements for the charges to hold:

  • The owner entrusted their property to you,
  • You intended to deny the owner the right to enjoy their property,
  • You fraudulently used the entrusted property for your gain,
  • The property owner trusted you.

Embezzlement Penalties

California punishes it as either petty or grand theft under Penal codes 488 and 487, respectively, when it comes to embezzlement. You will face petty theft charges under PC488 when the value of the property you have embezzled is less than $950. Petty theft is a misdemeanor offense with six-month imprisonment in county jail.

On the other hand, Grand theft involves property worth more than $950, a firearm, or an automobile. The law treats grand theft as a wobbler, and you can therefore face a misdemeanor conviction leading up to one year in county jail or as a felony where a conviction will lead up to a three-year imprisonment period.

Legal Defenses Against Embezzlement Charges

Not for Fraudulent Purpose

For an embezzlement charge to hold, the prosecution must prove that you took the property for fraudulent use. Therefore, your defense team can use it as a defense by establishing that you did not use the property for fraudulent purposes. As a result, you never took undue advantage of the property entrusted to you. You can also prove to the court that you were never in breach of confidence and that your actions were not meant to deny the owner the right to enjoy their property.

Your Intention was not to Deprive

Sometimes you may have taken someone’s property intending to prank them, and you may end up in court under embezzlement charges. However, you can prove that your intention in taking the property wasn’t to deprive the owner of their right to enjoy the property.

Extortion California PC 518

California PC 518 defines extortion as the act of obtaining consideration or property from another person with their consent due to fear or threat. You can also face extortion charges when you receive an official act from a public officer when you threaten them. For example, you can force a public officer to vote in your favor if they are in some committee and threaten to expose their extramarital affairs if they don’t comply with your wishes.

Elements of Extortion Charges

When it comes to extortion charges, the prosecution has the duty of proving beyond reasonable doubts that you threaten to do some of the following acts against the victim:

  • Accuse them or their loved of having committed a crime,
  • Expose their secret to the public,
  • Expose their loved ones’ secrets and in so doing cause them disgrace,
  • Cause them or their family members’ severe bodily injury, or harm their property.

You should note that you must desire to commit the crime when it comes to extortion charges, and your action must be to achieve or reach a specific goal. The victim, therefore, consents to give you the property, money, or render the services you require. Thus, in extortion charges, the victim must provide you the property, money or offer the services you demanded.

Extortion Penalties

Since extortion is a wobbler, the prosecution can charge you with either a felony or misdemeanor offense. When you face a felony charge, a conviction can lead to maximum four-year imprisonment in state prison, payment of fines that doesn’t exceed $10,000, and formal or felony probation. Other factors can lead to harsher sentencing, like committing extortion offenses against a mentally or physically challenged person. If you are a street gang member, then your conviction will earn a strike against your record.

If your charge is a misdemeanor, a conviction will lead to one-year imprisonment in county jail, summary probation, and payment of fines that goes up to $1,000.

Best Legal Defenses against Extortion Charges

Due to the seriousness of the offense, you and your defense attorneys need to come up with a defense strategy that will see the charges reduced from felony to misdemeanor or dismissed altogether. Some of these defenses include:

You did Not Force, or Coerce the Victim to give you property, money or Offer Services

There may be other reasons that led to the victim giving their consent. If you can prove to the court these reasons, then your extortion charges may be dismissed.

False Accusation

Sometimes you may end up facing extortion charges due to false accusations from the victim. You will need to prove that the victim was driven by jealousy, revenge, or even anger. For instance, your former spouse may falsely accuse you during child custody to gain the upper hand.

Insufficient Evidence

While using this defense, you will need to prove that the evidence against you is insufficient. Therefore, to uphold an extortion charge. Your attorney will have to show that the victim’s word and allegations are not enough or the allegations were due to some misunderstanding between both parties.

The Victim Did Not Carry Out the Action Leading to Extortion Charges

One of the elements of extortion charges is that the victim has to carry out the action they agreed to do. This means that if you want the victim to offer their services or give their money, they must offer the services or give up their property for the charges to hold. Therefore, if the victim did not meet their end of the bargain, you can use it as a defense.

You Did Not Threaten or Use Force

You will face extortion charges when you threaten or use force against the victim to achieve your end goal. Therefore, you can say that you did not threaten the victim, and maybe you merely requested a favor.

Forgery California PC 470

The law under Penal Code 470 defines forgery as a crime whereby you falsify a signature or fraudulently alter some documents and then pass them off as the actual document. Under this law, it is a crime to:

  • Forge or counterfeit another person’s handwriting or their seal.
  • Sign a fictitious name on financial or other legal documents.
  • Sign the name of another person and pass it on as yours on legal or financial documents.
  • Falsify, corrupt, or alter a legal will, judgment, or any record of these documents.

Some of these legal or financial documents include but are not limited to:

  • Money order,
  • Traveler’s checks,
  • Stock certificates,
  • Property deeds,
  • Lottery tickets,
  • Mortgage documents,
  • Contracts,
  • Promissory notes.

Elements of Forgery

The prosecution will have to prove that you intended to defraud the victim while committing one of the acts named above.

Forgery Penalties

California treats forgery as a wobbler offense, and this means that you can either face a misdemeanor or felony charges depending on the nature of the crime. For example, you will face misdemeanor charges when the value of the forged document is $950 or less or when the forgery is on a check or a similar financial document like a money order.

Misdemeanor Penalties

Upon a conviction, you will face one-year imprisonment in county jail, pay a fine that doesn’t exceed $1,000, or be on misdemeanor probation.

Felony Penalties

A felony conviction will draw harsh penalties where you may end up facing imprisonment that goes up to three years in county jail, formal probation, victim restitution, and payment of $10,000 in fines.

Legal Defenses

False Accusation

You will realize that most forgery cases occur at the workplace during legal and business transactions. You may end up facing forgery charges when someone at your workplace falsely accuses you to in order to cover up their guilt. Your attorney can use this defense to show that you are not guilty of the crime.

No Fraudulent Intention

One of the elements of a forgery offense is the fraudulent intention when carrying out the act. Therefore, you can show the court that even though you forged the documents, your intentions were not fraudulent. For instance, if you committed the act to prove a fact or pull a prank, you can use defense to show that you had no fraudulent intent.

Coerced Confession

You could use this defense if you were coerced into confessing by the law enforcement officers. However, you and your attorneys will have to prove that the police forced you into confessing and used this confession as evidence against you. This will lead the judge to drop your case or remove your confession from the evidence brought against you.

Insurance Claim Fraud California PC 550

Under this statute, it is a crime to falsify or make fraudulent insurance claims to obtain insurance reimbursement. Therefore, you will face these charges when you submit:

  • Various claim presentations for the same loss to different insurers,
  • A falsified claim that is based on the damages or destruction of a vehicle.
  • When you take part in causing a motor vehicle accident to make an insurance claim,
  • A falsified claim on damaged property,

Generally, you will face insurance claim fraud when you provide a material misrepresentation while making your claim. This is crucial if the falsified facts will impact when the insurer is determining the liability or the amount lost.

What Does PC 550 Prohibit?

California PC 550 makes it unlawful to submit fraudulent insurance claims knowingly. Therefore, you will face fraud charges when you consciously:

  • Make different insurance claims for the same damages,
  • Instigate an accident to claim the insurance company,
  • Submit falsified documents while making a claim,
  • Provide a fake copy to support your claim.

It is important to note that Penal Code 550 treats various acts of fraud separately, which will lead to separate charges.

Penalties for Insurance Claim Fraud

Penal Code 550 treats Insurance claim fraud as a felony offense, and a conviction will require payment of up to $50,000 in fines or an amount that is equivalent to double the fraud. You may also have to face an imprisonment period that ranges from two up to five years in state prison.

If you provide or make false statements while making an insurance claim, you will face wobbler charges under PC 550. This means that you can either face felony or misdemeanor charges. For misdemeanor charges, a conviction will lead to a one-year sentence in county jail or pay $10,000 in fines. For felony charges, you will face a maximum of five-year imprisonment, pay $50,000 in fines or pay an amount that is double the amount of the fraud.

Legal Defenses against Insurance Claim Fraud

You will realize that California treats any insurance claim fraud harshly, and a conviction could lead to dire financial constraints. This, therefore, calls for your defense team to come up with a legal defense that will reduce your sentence or have it dismissed altogether. Some of the defenses you can use include but are not limited to:

You Were Not Aware

You can use this defense to prove that you were unaware that you misrepresented specific facts when you made your claim. For instance, if your vehicle receives damages worth $10,000, but the body shop gave you a $100,000 quotation, then you should not be held liable for the dishonesty exhibited by the body shop. Your attorney can use this defense to show the court that you were not aware that you had misrepresented some facts. Then, when the insurer comes with the actual and correct amount, you should not face insurance claim fraud charges as you genuinely believed you were providing accurate information.

Acting in Good Faith

If you applied for a specific claim believing that your insurance covers it, this defense would play. It is critical to know what your policy covers before claiming reimbursement. Therefore, if you are facing fraudulent insurance claims, you can say that you were not aware that your policy did not cover the claim you were making. Your attorney can argue that it is a good faith issue with your insurance company over your policy’s coverage, and you can resolve it outside the court.

White Collar Crimes Sentence Enhancements

You will realize that apart from the penalties each crime will obtain, there are some other repercussions that a white-collar conviction will lead to. Some of these repercussions include:

  • Your right to own or possess a gun will be revoked when you receive a felony conviction,
  • If you are a non-citizen, your immigration status may be affected when your case is seen as a case involving moral turpitude like forgery. This may cause you to be deported back or have your immigration papers marked as objectionable.
  • Some convictions will lead you to lose your professional license.
  • Some convictions will earn a strike against your record.

Contact a Criminal Attorney Near me

When facing a white-collar crime, it is crucial to concentrate on your defense, as a conviction will have a long-lasting negative effect on your career. The prosecution will go for the highest possible penalties, and it will not matter if you are guilty or not. Both your family and your work-life will be scrutinized. Nobody likes being under a microscope, but for the duration of the case, your finances will be cross-checked and all manner of accusations thrown at you.

When it comes to white-collar crime, you should work with an efficient law firm that will walk with you, guide you, and most importantly, have your welfare at heart. Hiring an experienced attorney to have your back then becomes the first step towards clearing your name and ensuring you receive the best possible outcome in your case.

Engaging the services of a criminal attorney who clearly understands the judicial systems and how law enforcement agencies work while collecting evidence against you will come in handy. At California Criminal Lawyer Group in Fresno, we have the necessary experience to handle your case and to ensure that you will receive justice in your case. In addition, our attorneys are always ready to answer any question that you might have. All you have to do is to contact us at 559-712-8377 and schedule your consultation.