Will I Get Jail Time for a White Collar Crime in California?
White-collar crime is a broad term describing a wide range of non-violent crimes where someone normally acts in an unlawful, dishonest manner for financial gain.
Another common description is someone committing illegal, deceitful acts without using force or threats.
Anyone who has been arrested and criminally charged with a white-collar crime is often accused of committing theft or fraud against someone who the loss of money or property has harmed.
Put simply; these are financially motivated crimes that are deliberate acts, often highly complex, committed usually by educated perpetrators.
While state courts prosecute most white-collar criminal cases, the federal government pursues some more serious cases.
These serious crimes carry severe penalties, especially if they violate federal laws.
Our Los Angeles criminal defense lawyers have included a detailed review below for additional information.
Common White Collar Crimes
White-collar crimes are non-violent crimes, typically meaning nobody's hurt, nobody's injured, and the victim is not sent to the hospital.
However, money is involved, and typically, a lot of money is lost by a certain entity or individual, which causes the authorities to get involved.
This could involve federal authorities. It could include state authorities or both. Some of the most common California white-collar crimes include:
- Penal Code 470 PC – forgery,
- Penal Code 503 PC – embezzlement,
- Penal Code 518 PC – extortion,
- Penal Code 186.10 PC – money laundering,
- Penal Code 550 PC – health care fraud,
- Penal Code 484e PC – credit card fraud,
- Penal Code 530.5 PC – identity theft,
- Penal Code 532 PC – theft by pretense,
- Penal Code 118 PC – perjury,
- Penal Code 67 PC – bribery,
- 18 U.S.C. § 1344 – bank fraud,
- 18 U.S.C. § 1348 – securities fraud,
- 18 U.S.C. § 1343 – wire fraud.
Harsh Penalties for a Conviction
So, if you or a loved one is charged with a white-collar crime and you're worried about going to jail, your worry is in the right place. Judges and prosecutors are often very harsh on white-collar offenses.
They want to make an example of the person and look at these cases as though they could happen to them.
Prosecutors and judges often find these cases close to home, which is why they often seek to put the person in custody.
Even in some recent media cases involving white-collar offenses, the media is concerned, and the authorities are very serious about these cases. They are trying to make an example of the offenders.
White Collar Prosecutions in Los Angeles County
The white-collar crimes I see prosecuted in Los Angeles County are money laundering, bank fraud, and extortion.
Anything where somebody's losing money, or the defendant is attempting to gain money from a victim in some unlawful manner could be under the umbrella of white color crimes.
Embezzlement
However, it usually runs deeper than that. Another white-collar crime is California Penal Code 503 PC embezzlement.
So, if somebody is a trusted employee of a corporation, business, bank, or even a mom-and-pop store and steals from them, they're looking at embezzlement charges.
These charges are prosecuted much more harshly than regular theft crimes, where you go into a store, for example, and steal something.
This is because typically, the victim in the white collar fraud case in Los Angeles County is usually:
- trusting the individual, and
- has put them in a position of trust, and
- that individual is taking advantage of that position of trust by stealing, diverting funds, and moving packages.
Factors That Determine Penalties and Jail
There are various ways that somebody can commit a crime in California, and it could be lumped under the umbrella of white-collar crime.
Depending on the amount of loss typically dictates how harsh the punishment is and which authorities will prosecute it.
They're also going to look at the sophistication level involved when discussing fraud-related offenses.
The more sophisticated how the individual or individuals are taking money, the more likely they will get jail time.
Also, the amount of victims is another important factor when deciding how to deal with these cases from a judge, prosecutor, or police standpoint.
As you can see, sometimes these cases can get complicated, and you can be facing many years in state custody and federal custody. Any federal time is typically served at 85%.
Criminal Defense for White Collar Crimes
So, if you're looking for a defense for a white-collar crime in Los Angeles or anywhere in the country at the federal level, you've come to the right place. I've been doing this now for almost 30 years.
I know what it takes to win these cases if they're winnable and what it takes to mitigate them if the authorities have the evidence they need to prosecute you.
But you want to get the lowest possible sentence, stay out of jail, and protect your rights, freedom, and reputation.
You've taken the first step simply by landing on my website, looking at one of my videos, or sitting down for a meeting with me. Some of the common defenses include:
- lack of intent,
- insufficient evidence,
- entrapment,
- false accusation.
The next step will be putting together a game plan that makes sense for you and your situation and getting your story out there – obviously, the positive parts of your story that the authorities often don't have when they sit down to charge these cases.
So, pick up the phone. Ask for a meeting with Ronald Hedding. I've been doing this for a long time with great success. I know what it takes to assemble the game plan to get you the best possible result.
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