Learning that you’re being charged with a white-collar crime is one of the most stressful and overwhelming experiences a person can go through. If convicted of fraud, embezzlement, or any other type of white-collar crime, you can face jail time, be required to pay substantial fines and penalties, and even lose your reputation. However, there are many defenses available to those charged with a white-collar or financial crime.
Defenses for a White Collar Crime
Lack of Intent
Every year, tax season rolls around and we’re asked the same question, “Will I go to jail if I accidentally do my taxes wrong?” And the answer is no.
This is because the prosecution needs to prove that someone guilty of a financial crime intended to commit that crime, meaning they did it on purpose. A genuine mistake or miscalculation could be an instance of lack of intent and therefore a defense against a charge like tax fraud, for example.
Lack of Knowledge
Typically with violent crimes, lack of knowledge doesn’t make for a strong defense because it’s considered common knowledge that violent acts are illegal. However, white-collar crimes often require multiple groups to work on different aspects of an overarching crime, similar to the coordination needed to understand the common embezzlement elements involved in such cases. If one person or party isn’t aware of the fact that their role is contributing to an illegal act, that could be a legal defense.
Entrapment
Unlike undercover work, entrapment is illegal among all levels of law enforcement. Entrapment occurs when a government agent persuades you to commit a crime that you otherwise would not have.
Mental Incapacity
White-collar crimes often involve a strong understanding of finances, banking, and computers. A defense attorney may be able to prove that you were unable to comprehend the nature of the crime you’re being accused of or that you do not have the skills required to commit such a crime.
If you’ve been accused of a white-collar crime, it’s important to make sure you’re well represented. Contact theLaw Office of Kevin Cahill today. Give us a call at (720) 445-9887! We are here to help make sure you know all of your options when facing a criminal sentence.