Will I Get Jail Time for a White Collar Crime in California?
White collar crime is a very broad term describing a wide range of non-violent crimes where someone is normally acting 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 are often accused of committing theft or fraud against someone who has been harmed by the loss of money or property.
Put simply, these are financially motivated crimes that are deliberate acts, often highly complex, committed often by educated perpetrators.
While most white collar criminal cases are prosecuted by state courts, there are some more serious cases that are pursued by the federal government.
These are serious crimes that carry severe penalties, especially if they are in violation of federal laws.
For additional information, our Los Angeles criminal defense lawyers are including a detailed review below.
Common White Collar Crimes
White collar crimes are non-violent crimes, typically, meaning nobody’s hurt, nobody’s injured, the victim is not sent to the hospital.
However, what ends up happening is, money is involved, and typically, a lot of money is being lost by a certain entity or individual that causes the authorities to get involved.
This could involve federal authorities. It could involve 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 false 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, because a lot of times, judges and prosecutors are very harsh on white collar type offenses.
They want to make an example of the person and they look at these types of cases as though they could happen to them.
A lot of these cases hit close to home for prosecutors and judges, and I think that’s why a lot of times they’re looking to put the person in custody.
Even some of the recent media cases that we’ve seen involving white collar type offenses, you can see the media is involved and the authorities are very serious about these cases and are trying to make an example out of the offenders.
White Collar Prosecutions in Los Angeles County
The type of white collar crimes that I see prosecuted in Los Angeles county are crimes involving money laundering, bank fraud, extortion.
Anything where somebody’s losing money or the defendant is attempting to gain money from a victim in some sort of unlawful manner, could be under the umbrella of white color crimes.
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, a business, a bank, even a mom and pop store and that person steals from them, they’re looking at embezzlement charges.
These charges are prosecuted much more harshly than just regular theft crime charges 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’s a variety of different ways that somebody can commit a crime in California that it could be jammed under the umbrella of white collar crime.
Depending on the amount of loss, that typically dictates how harsh the punishment is, which authorities will prosecute it.
They’re also going to look at the sophistication level involved when you’re talking about fraud related offenses.
The more sophisticated the means by which the individual or individuals are taking money, the more likely they’re going to get jail time.
Also, the amount of victims is another important factor when deciding how to deal with these cases from a judge, prosecutor, police standpoint.
As you can see, sometimes these cases can get complicated and you can be facing many years, not only in state custody, but also in 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 I know what it takes to mitigate them if it’s a situation where the authorities have the evidence they need to prosecute you.
But, you are looking to get the lowest possible sentence, stay out of jail, protect your rights, protect your freedom and protect your reputation.
You’ve taken the first step simply by landing on my website and either 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,
- false accusation.
The next step will be putting together a game plan that makes sense for you, your situation and getting your story out there – obviously, the positive parts of your story that a lot of times the authorities 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 a long time with a lot of success. I know what it takes to put the game plan together to get you the best possible result.
Hedding Law Firm is a top-rated criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact our firm free case evaluation at (213) 374-3952.
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