Have you been accused of committing fraud, engaging in embezzlement, or carrying out some other type of financial crime? Commonly known as white-collar crimes, these allegations can have life-altering consequences, even though they don’t involve physical violence.
The weight of a white-collar criminal investigation can be overwhelming and frightening, especially when your career, finances, and freedom are on the line. However, you don’t have to figure everything out on your own. Instead, let a Mission Viejo white-collar crime lawyer help.
At Simmrin Law Group, we have decades of legal experience assisting thousands of clients in situations just like yours. As your Mission Viejo criminal defense lawyer, we can approach your criminal charges head-on, and we’re ready to fight for you every step of the way.
Common Types of White-Collar Crimes in California
In Mission Viejo and throughout Orange County, white-collar crime charges can stem from a wide range of alleged activities. Here are commonly prosecuted offenses under the white-collar category of criminal activity:
- Embezzlement: This is the unlawful taking of money or property by someone entrusted to manage it. It is often charged under California Penal Code § 503.
- Forgery: Falsifying signatures or documents with the intent to defraud is typically prosecuted under Penal Code § 470.
- Identity theft: Using another person’s personal identifying information without their consent is covered by Penal Code § 530.5.
- Securities fraud: This involves misrepresentation or deceptive practices in stock or investment trading. While they are often prosecuted federally, they can also violate state laws.
- Insurance fraud: Submitting false claims to insurance companies—including healthcare or auto insurance—can be charged under Penal Code § 550.
- Real estate fraud: This entails the falsification of property documents, fraudulent loan applications, or misrepresentation during property transactions.
- Money laundering: This refers to concealing the origins of illegally obtained money, which is often done through a series of transactions to make it appear legitimate.
Each of these offenses carries different sentencing ranges depending on the amount of money involved, the defendant’s intent, and whether the alleged crime was part of a larger scheme. Your white-collar crime attorney in Mission Viejo can help you understand your charges.
For a free legal consultation with a white-collar crime lawyer serving Mission Viejo, call (310) 896-2723
Felony vs Misdemeanor: Wobbler Charges Under California Law
Many white-collar crimes in California are classified as “wobblers,” meaning they can be charged as either misdemeanors or felonies. The decision is typically based on the following information:
- The monetary value of the loss or theft
- Whether the offense involved vulnerable victims
- The sophistication or planning of the alleged scheme
- The defendant’s criminal history
For example, embezzling more than $950 can result in felony charges, while lesser amounts might be pursued as misdemeanors. Convictions can lead to jail or prison time, probation, fines, restitution to victims, and a permanent criminal record.
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Federal vs. State Prosecution
White-collar crimes may fall under both California law and federal statutes. When cases involve interstate commerce, federal taxes, or large-scale fraud, they often attract the attention of agencies like the FBI, IRS, or SEC.
Federal cases are prosecuted in U.S. District Court, and they typically carry longer prison sentences under the U.S. Sentencing Guidelines.
That means someone in Mission Viejo accused of fraud might face parallel investigations by the Orange County District Attorney’s Office and another by a federal agency. In some cases, both jurisdictions may file charges.
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Statute of Limitations for White-Collar Offenses
The statute of limitations for white-collar crimes varies depending on the specific offense:
- Embezzlement and fraud: The statute of limitations is four years under California Penal Code § 801.5, starting from when the offense was discovered.
- Federal white-collar crimes: Many have a five-year statute of limitations, although that can extend to 10 years in cases involving major fraud against the United States.
Because many of these crimes involve ongoing or concealed conduct, the discovery rule can apply. In other words, the clock may start ticking not from the date the crime occurred but from when it was first detected.
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Restitution and Asset Forfeiture
In California, the courts frequently order convicted individuals to pay restitution to victims. This is separate from any fines imposed by the court, and it is meant to make victims whole for their financial losses.
Additionally, the government may seize assets tied to criminal activity through civil or criminal asset forfeiture laws. Businesses involved in the offense may be forced to either shut down or lose their licenses and certifications, if not worse.
Professional consequences can include disbarment, loss of securities licenses, and removal from public office. These financial penalties can far exceed the original amount involved in the crime once interest, penalties, and legal fees are added.
Call Our White-Collar Crime Attorneys in Mission Viejo Today to Get Experienced Help With Your Case
If you’re facing white-collar criminal charges in Mission Viejo, your entire future may be at risk. These cases can be legally complicated and emotionally overwhelming.
When it all starts to feel like too much, take a moment to contact Simmrin Law Group. Our attorneys are prepared to take on your case. We understand what’s at stake, and we’ll work tirelessly to protect your rights, your reputation, and your freedom.
Don’t wait to take control of your situation. Our team is ready to handle any case in any court in California and any Federal Court throughout the United States. The sooner you get in touch with our white-collar crime lawyers in Mission Viejo, the sooner we can begin building a strong defense strategy on your behalf.
Call or text (310) 896-2723 or complete a Free Case Evaluation form