Penal Code 186.11 explains white-collar crime sentencing enhancements in the state of California. Specifically, this law explains enhancements to penalties for crimes involving fraud or embezzlement. The court system uses as PC 186.11 a “freeze and seize” law to lock up assets during white-collar crime investigations.
The Simmrin Law Group can help you learn more about the definitions of fraud and embezzlement. PC 186.11 white-collar crime sentencing enhancement only applies and adds additional penalties in certain cases.
Basic Information About California’s “Freeze and Seize” Law
PC 186.11 is commonly called the “freeze and seize law” in California. Prosecutors may use this section of the legal code only in specific situations. Individuals may face this sentencing enhancement only if:
- They carried out at least two felonies that were related
- The felonies involved embezzlement or fraud
- The felonious conduct demonstrated a pattern
- The felonies caused at least $100,000 in losses
Fraud and Embezzlement
Individuals in California should only face PC 186.11 enhancements if they are accused of crimes involving fraud or embezzlement. The state of California has specific definitions for these criminal acts. Embezzlement, for example, occurs if someone trusts another person with their property. The person must then use the property for their own benefit. Embezzlement is generally prosecuted using Penal Code 503.
Acts of fraud may also lead to a PC 186.11 enhancement. Fraud occurs if a person uses lies or deceit to benefit themselves. Fraud may lead to financial benefits or avoidance of culpability in a criminal act. There are many different kinds of fraud, including:
- Health care fraud
- Medi-Cal fraud
- Mortgage fraud
- Workers’ comp fraud
- Auto insurance fraud
Individuals who commit two or more connected embezzlement or fraud charges could face sentencing enhancements. Find out more about specific fraud or embezzlement charges by contacting the Simmrin Law Group right now at (310) 997-4688. A criminal defense lawyer in Los Angeles may help you understand white-collar crime charges.
Review Patterns Tied to Felony Conduct in California
PC 186.11 enhancements should only apply if someone demonstrates a pattern of felonious conduct. Prosecutors may work to show a pattern existed by working to demonstrate that the crimes were alike in:
- Result or purpose
- The methods used to carry them out
- Their chosen victims
Note that related white-collar crimes are not always carried out against different people. In some cases, multiple crimes may involve the same victim. This could still result in the use of a PC 186.11 sentencing enhancement in California.
Increased Penalties Associated with PC 186.11
PC 186.11 is a sentencing enhancement. This means that it increases the penalties faced by individuals convicted of other crimes. In this case, the crimes would be fraud and embezzlement. Individuals face the standard penalties for these felonies. They may also end up facing:
- Up to an additional five years in prison
- Up to an additional $500,000 in fines
- Up to double the value of the fraud or embezzlement in fines
Note that the court may also seize an individual’s assets through PC 186.11. These assets may be used to cover court fines or to provide restitution to victims of fraud or embezzlement.
Handling PC 186.11 Enhancements in California
You may get help from a criminal defense lawyer in Los Angeles if you are accused of fraud or embezzlement. Dealing with a white-collar crime sentencing enhancement often means defending against the underlying charges. We are here to demonstrate that:
- You did not intentionally defraud anyone
- You were sharing the truth to the best of your knowledge
- You only took funds that belonged to you
Allow us to focus on building a defense for you right now. We’re ready to listen to the specific facts of your case as we work to defend you. Contact us now and consider all of your legal options after you face white-collar crime charges.
Speak to a Lawyer About PC 186.11 Sentencing Enhancements
Want to know more about Penal Code 186.11? Curious about white-collar crime sentencing enhancements? Just reach out to the Simmrin Law Group to get the information you’re looking for. Our criminal defense lawyers in Los Angeles are here to help you. Find out how by contacting us to get a free consultation.
Reaching us for assistance is simple. Just complete our online contact form or call us at (310) 997-4688.