Crimes like assault, homicide, kidnapping, robbery, and drunk driving often lead to jail time and big fines. But what about crimes where no one is hurt, and no violence is involved?
These types of crimes are called “white collar crimes.” They don’t involve violence and are usually done to make money. They often involve careful planning and are usually carried out by people who have the knowledge and access needed to pull them off. Regular people, business owners, and even government officials have been found guilty of white collar crimes.
Because white collar crimes can involve large amounts of money, Texas takes these cases very seriously and often works with federal investigators. If you’ve been accused of a white collar crime, you should treat it as a major threat and hire a white-collar criminal defense lawyer right away, even if you think you’re innocent or believe there’s no real evidence. A conviction could affect the rest of your life.
What is Considered a White-Collar Crime in Texas?
Although “white-collar” isn’t official legal jargon, it is commonly used to describe certain types of crimes. These include, but are not limited to:
- Fraud, including things like healthcare fraud, mortgage fraud, corporate fraud, and securities fraud
- Money laundering
- Kickbacks, bribery, and other kinds of corruption
- Extortion
- Cybercrime
White collar crimes, when successful, usually result in gigantic monetary losses for families and companies, eradicating entire savings accounts, company holdings, and investments. When white-collar criminal activity crosses multiple countries or multiple states, it becomes a federal crime, meaning the Department of Homeland Security or even the Federal Bureau of Investigation could become involved.
What Happens After a White Collar Conviction?
Punishments for white collar crimes can be very different from one case to another, especially because investigators may offer plea deals if you agree to give them information about others involved. But even with that, the penalties for many white collar crimes are still very tough. The more serious the crime is and the more people it harms, the more severe the punishment will be.
If you’re found guilty of a white collar crime, you could go to state or federal prison, pay large fines, be put on probation, have to pay money back, or do community service. On top of the legal punishment, you may also face major personal problems, like damage to your reputation, trouble finding a job, stress in your relationships, and even divorce.
Defenses Against White-Collar Charges
White collar cases can be complicated, so you need a strong, experienced criminal defense lawyer who can build a defense that fits your situation. Depending on the details of your case, your attorney might use one or more of the following defenses:
- Entrapment: Entrapment doesn’t happen often, but sometimes police try to push someone into committing a crime so they can catch bigger criminal groups. If you only took part because an officer pressured you and you would never have done it on your own, you may be able to show the jury that you’re not guilty.
- Lack of intent: This defense strategy argues that, even though you might have engaged in some of the activities of which you stand accused, you had absolutely no intentions of committing a crime. Your lawyer might be able to argue that you genuinely made a mistake or acted with honest intentions.
- Insufficient evidence: Perhaps the most commonly used defense against white collar crimes, this approach aims to prove that the prosecution does not have enough evidence to convict you. A strong white-collar criminal defense lawyer will sow seeds of doubt among the jury and take them to task by pointing out every single weakness in their case, making it next to impossible for the jury to reach a unanimous verdict.
Amendment 821
In 2023, the United States Sentencing Commission adopted Amendment 821. This amendment proposes a reduction in sentencing guidelines for some offenders. For example, if an offender has no prior criminal record and specific aggravating factors were not present in their crime, the Sentencing Commission ruled to decrease their calculated sentencing recommendation by two whole points. A lot of white-collar criminals do not have preexisting criminal records, resulting in reduced sentencing recommendations for non-sexual and non-violent offenses.
Likewise, people with six or fewer criminal history points won’t get any extra status points added to their record. People with seven or more points will now get only one extra point instead of the old rule, which added two. These changes are meant to cut down on the number of non-violent offenders being sent to prison.
Talk to a White Collar Criminal Defense Lawyer Today
If you’ve been accused of any kind of white collar crime, even if you’re only being investigated and haven’t been charged or arrested yet, you should talk to a white-collar criminal defense lawyer right away. Texas takes these cases very seriously, especially when they may fall under federal law. At Aaron L. Wiley Law, P.C., we have a strong record of getting great results in tough criminal cases. Call us today at (254) 566-3860 or reach out via our online form to set up your first meeting with one of our skilled attorneys.