White collar crimes refer to a broad range of illegal activities that often involve allegations of dishonesty to achieve some end. Prosecution for white collar crimes can be severe, with threats of imprisonment and obligations for financial restitution. However, these cases are often complex because of the relationships between the parties involved and the technical nature of underlying transactions.
The advocacy of a DeKalb County white collar defense lawyer could be especially helpful in raising key arguments on your behalf during trial and making informed decisions about your case.
What Are White Collar Crimes?
White collar crimes can happen in a variety of professional or business settings and in your personal relationships. Most white collar crimes involve deceptive practices, including fraud or forgery, to either receive a benefit or financially harm another party. For example, a DeKalb County white collar defense attorney could represent clients facing the following types of charges under Georgia’s Criminal Code:
- Forgery
- Deceptive business practices
- Improper solicitation of money
- Creating, selling, or distributing fake I.D.s
- Fraud involving deposit accounts for the illegal use of a financial transaction card
Other types of white collar crimes may include theft and wrongful takings of property that occur through a person’s job, their fiduciary position, or other means of prior lawful possession. This is known as theft by conversion under Georgia Criminal Code § 16-8-4.
The penalty for white collar crimes in Georgia will depend on the specific charge and other factors like the amount or value of property stolen. For example, third-degree forgery in Georgia occurs when a person delivers a written check of $1,500 or more. It is punishable as a felony with an imprisonment term ranging between one and five years. In comparison, fourth-degree forgery involves checks less than $1,500 and is a misdemeanor offense.
Defending Against Charges for White Collar Crimes in DeKalb County
The circumstances of a case will determine which arguments a white collar defense lawyer in DeKalb County could make on a client’s behalf in court. Several defenses may be possible through exceptions listed under the Georgia Criminal Code, procedural violations of a defendant’s rights, or factual arguments that weaken a prosecutor’s case. For example, Code § 16-8-10 lists different affirmative defenses that may apply to certain theft charges and include the following:
- The defendant was unaware the property belonged to another
- The defendant acted on an honest claim of right to the property
- The defendant believed an owner would have consented to the taking of property or services exposed for sale
An experienced legal professional could also review the prior acts of law enforcement and the prosecutor to ensure they did not illegally obtain evidence against a defendant or violate other constitutional rights. Using these defenses, a lawyer could work to dismiss a case, return a not-guilty verdict, or limit a client’s sentencing.
Contact a DeKalb County White Collar Defense Attorney Today
Robert James is a DeKalb County white collar lawyer who uses his trial experience, hard work, and determination to help clients receive a fair defense. He understands the criminal justice system is an intimidating and difficult process to navigate on one’s own. Schedule a consultation with his office today to discuss your case and defend against white collar criminal charges.