Many downplay their severity, but white-collar crimes and financial crimes are serious offenses that can carry lengthy prison sentences and even asset seizure. If you are facing a charge for fraud, embezzlement, or a similar offense, you need an experienced Santa Barbara criminal defense lawyer on your side.
For over 20 years, Simmrin Law Group has been a stalwart advocate for the rights of the accused. We are ready to handle any criminal case in California and will fight tirelessly to protect your rights and freedoms. Contact us today to schedule a case consultation with a Santa Barbara white–collar crime lawyer.
Examples of White-Collar Crime in Santa Barbara
White–collar crime is a generic term for crimes related to financial deceit that typically lack the use of force and violence. Because they are often entangled in complex financial systems, white-collar crimes are unique compared to so-called “street-level” crime and harder to investigate.
We are confident defending against charges for common white collar crimes in California, including the following:
- Fraud. Fraud is the use of lies, deceit, or misrepresentations to acquire money or property from another person.
- Embezzlement. Embezzlement is the illegitimate taking or use of another’s property by someone who was entrusted with that property and has a fiduciary duty to the victim.
- Money laundering. Money laundering consists of using money gained from illegal activities and attempting to conceal that fact.
- Tax evasion. Tax evasion is the crime of using fraud to avoid paying taxes, often committed with other crimes like fraud or embezzlement.
- Securities fraud. Securities fraud is defined as using misrepresentations or omitting facts to manipulate the investment market and investment decisions.
- Bribery. Bribery is the giving of money to unlawfully influence a person in public office or official capacity.
- Identity theft. Identity theft is the act of unlawfully using personal information of another person to acquire money or benefits.
- Racketeering. Racketeering refers to a pattern of sustained and organized criminal activity meant to benefit a criminal enterprise.
White-collar crimes are often positioned as less serious than violent street crimes like assault or murder, but the financial consequences can cause great harm to victims.
For a free legal consultation with a white-collar crime lawyer serving Santa Barbara, call (310) 896-2723
Criminal Penalties for White-Collar Crime
The penalties for white-collar crimes can vary significantly depending on the nature of the violation, the amount of money involved, and the level of organization and intentionality behind the action.
For example, fraud involving amounts more than $950 may be charged as felony grand theft under California Penal Code 487 and can carry up to three years in prison. Fraud involving smaller amounts can be charged as misdemeanor petty theft and carry up to a year in prison.
Punishment severity also depends on the identity of the victim. For instance, in California, financial crimes against seniors carry elevated penalties. Other factors that influence criminal penalties for white-collar crimes include the following:
- Monetary value of the crime
- Level of sophistication and organization
- Defendant’s role in planning and committing the offense
- Total number of victims (e.g., individual fraud vs. Ponzi scheme)
- Prior criminal convictions
- Cooperation with authorities
- Presence of guilt or remorse
Other Penalties for White Collar Crime
In addition to criminal penalties, those convicted of white collar crimes may be required to pay restitution to the victim equal to the lost amount plus additional damages for interest and attorney fees.
A conviction can also result in the suspension of professional licenses, especially for individuals involved in industries like accounting or financial management. A Santa Barbara white–collar crime lawyer can work to mitigate these penalties and protect your freedoms and privileges to the greatest extent possible.
Santa Barbara White-Collar Crime Lawyer Near Me (310) 896-2723
White Collar Crime May Be Charged as a Federal Crime
Because they often involve financial transactions that occur across state lines, certain white-collar crimes may be charged at a federal level. Federal crimes have much stricter sentencing than state-level crimes and often carry mandatory minimum federal sentences.
Investigations and criminal proceedings for federal crimes are much more complex, and the stakes are as high as they can be. A knowledgeable federal crimes lawyer in Santa Barbara can represent you and protect you against the onerous penalties for federal white-collar crimes.
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Defenses Against White-Collar Criminal Charges
One advantage in white-collar crime cases is that investigations typically take substantial time to complete. This gives your attorney sufficient time to build a powerful defense. Possible defense strategies against white collar crimes include:
- You lacked criminal intent. Financial crimes like fraud require specific intent. Given the complexity of financial systems, your attorney could argue you did not know that you were committing an illegal act.
- You were under duress. If you had reason to believe that you or your family were in danger if you did not commit the act, your attorney can argue that duress mitigates your responsibility.
- There was entrapment. Entrapment is a defense if the government/law enforcement induced or persuaded someone to commit a crime they otherwise wouldn’t.
- Statute of limitations has expired. The government has limited time to pursue white-collar crimes and can be barred from bringing charges if sufficient time has passed.
- Fourth Amendment violations. If the government illegally searched and seized personal property while investigating white-collar crimes, your attorney could suppress the evidence in court.
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Contact a White-Collar Crime Defense Lawyer in Santa Barbara
Convictions for white collar crimes can have disastrous impacts on your freedom, privileges, and social reputation. The sooner you find an attorney, the sooner you can start building an effective defense.
Simmrin Law Group can be your legal advocate and fight for a case dismissal, charge reduction, or acquittal in court. Contact us today for a case consultation with a white–collar crime lawyer in Santa Barbara.
Call or text (310) 896-2723 or complete a Free Case Evaluation form