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Defending Californians who have been charged with White Collar Crimes
A “white collar crime” is a non-violent crime committed to achieve financial gain. They are often committed by professionals who are in a position of trust, such as bankers, lawyers, government officials, politicians, or financial advisors.
White collar crimes encompass such offenses as fraud, forgery, counterfeiting, embezzlement, bribery, computer crimes, and RICO crimes. If you are charged with and convicted of a white collar criminal offense, you may face prison time, fines, home detention, community confinement, or forfeiture. In addition, a court may order you to pay restitution to the crime victim.
The experienced California white collar crime defense lawyers at The Law Offices of David S. Chesley can offer you skilled representation throughout your criminal case and can assert a strong legal defense on your behalf. Call us today to schedule a free case evaluation.
In order for a criminal offense to be labeled a white collar crime under the California Penal Code, it must ordinarily involve deceit, abuse of trust, or concealment. It must not involve any use of physical force, violence, or threat of physical force.
White collar fraud crimes include real estate and mortgage fraud, insurance fraud, workers’ compensation fraud, and Medicare fraud:
A fraud conviction can result in fines, jail time, and/or probation. The accused could also be charged with civil fraud and may have to pay restitution to the alleged victim.
If you have been charged with one of these types of fraud, you should contact the experienced California white collar crime lawyers at The Law Offices of David S. Chesley as soon as possible. Our skilled team of lawyers can review your charge with you and immediately set to work defending your legal rights.
In addition to the various types of fraud charges under California law, forgery is another type of white collar crime. Under PC 740, order to be charged with forgery, one of the following must occur:
In order for the State of California to demonstrate that a person committed forgery, the prosecutor must show that the person specifically intended to defraud someone else. In many cases, this means that the defrauded person would lose goods, money, services, or something else of value. It might also mean that the fraudulent behavior resulted in damage to a financial, property, or legal right.
The prosecutor does not need to show that the forgery actually occurred. Rather, the intent to defraud is sufficient in order for the crime to be complete.
In California, the prosecutor has the discretion to bring a forgery charge as either a felony or as a misdemeanor. The crime is classified as a misdemeanor if the alleged victim lost under $950. If the amount lost exceeds $950, the crime is a felony. Felony forgery can result in up to three years in jail, a fine of at least $10,000, or both. Misdemeanor forgery can result in one year of incarceration and/or a fine of at least $1,000. In any case, the accused may have to pay restitution to the alleged victim.
The experienced white collar crime defense lawyers at The Law Offices of David S. Chesley may be able to help you obtain a favorable plea deal with the prosecutor or a reduction in your criminal charge.
Counterfeiting is also prohibited by PC 470. The law defines it as fraudulently altering, manufacturing, or distributing some product that has a lower value than the actual, genuine product. In order for the prosecutor to demonstrate counterfeit, he or she must show that the accused had the specific intent to defraud. If the accused did not mean to defraud the alleged victim of something, then the prosecutor cannot meet the burden of proof, and a conviction cannot be obtained. Counterfeiting may involve both goods and money.
Counterfeiting is a felony in the State of California. A conviction can result in two or four years of incarceration and/or a monetary fine of $1,000. If the accused has a history of criminal conduct related to counterfeiting, forgery, or some other white collar crime, the accused may receive an additional two to five years of jail time, in the form of a sentencing enhancement.
Under PC 503, embezzlement occurs when someone (usually an employee) takes property entrusted to him or her (usually by an employer) and fraudulently misappropriates it. In order to receive a conviction for embezzlement, the accused must have intended to deprive the true owner of his or her property and must fraudulently convert the property.
In the State of California, a prosecutor can bring embezzlement charges as a misdemeanor or as a felony. The accused can be charged with grand theft if the embezzled property’s value exceeds $950. If the value of the property is $950 or less, the embezzlement may be classified as petty theft.
Misdemeanor grand theft can result in a maximum of one year in jail and a $1,000 maximum fine, while a felony grand theft can result in 16 months of incarceration – or two or three years in state prison – along with a maximum fine of $10,000. Misdemeanor petty theft can result in a maximum of six months’ incarceration, as well as a $1,000 maximum fine.
If you have been charged with a white collar crime in California, you may have several defenses available to you. For example, you may be able to defend on the grounds of mistaken identity – or you may be able to allege that the police engaged in unlawful duress or entrapment.
Although white collar crimes are not crimes of violence, a conviction can land you in serious trouble. At the Law Offices of David S. Chesley, our experienced criminal defense attorneys are ready to assist you with defending your case. Not only can our attorneys represent you in court, but they can also work with the California prosecutor assigned to your case in order to obtain a favorable plea deal.
To schedule a free consultation and case evaluation with our California white collar crime lawyers, please call us today at 1-800-755-5174, or contact us online.
I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.
Thank you Negin.
An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.