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White Collar Crimes Law & Defense

PC 186.10, 186.11 Enhancements

White collar crime are non-violent crimes generally committed by business or government professionals. Edwin Sutherland first used the phrase white collar crime in 1939 when describing non-violent crimes committed by socialites. 

Today, most white collar crimes involve some sort of deceit. fraud and embezzlement crimes are the most common types of white collar crimes, but other white collar crimes include:

Each of the above listed white collar crimes have their own definitions and defenses. To learn more about any particular white collar crime please click on the name of crime at right.

The most common defenses to any white collar crime is probably insufficient evidence, mistake of fact, and coerced confessions.

PC 186.10 & 186.11

In some cases of white collar crimes the district attorney will add an enhancement to the underlying criminal charge. For example, if the defendant is accused of mortgage fraud, the district attorney might add an enhancement to the charge to give the defendant more jail or prison time. The enhancement is charged where the amount of loss to the victim is a high dollar amount. PC 186.10 is an enhancement to a white collar crime where the amount of loss to the victim exceeds $5,000. Other enhancements to white collar crimes include:

  • PC 186.10(c)(1)(A): Loss to victim is between $50,000 and $150,000 in money laundering cases.
  • PC 186.10(c)(1)(B): loss to victim is between $150,000 and $1,000,000 in money laundering cases.
  • PC 186.10(c)(1)(C): Loss to victim is between $1,000,000 and $2,000,000 in money laundering cases.
  • PC 186.11(a)(2): Loss to victim is under five hundred thousand dollars.
  • PC 186.11(a)(3): Loss to victim is between $100,000 and $200,000.

Aggravated White Collar Crimes

White collar crimes may be aggravated to increase the punishment for white collar crimes defendant. To prove that a white collar crime is an aggravated white collar crime the district attorney will need to prove all of the following:

  • The defendant committed two or more white collar crime (listed at right)
  • Fraud or embezzlement was a material element to the crimes charged
  • The related felonies involved a pattern or related felony conduct, and
  • The pattern of related felony conduct resulted in the loss by another person of a certain amount of money

    The enhancements and aggravated penalties are designed to add more possible jail or prison time to the defendant's underlying criminal charge. The enhancement range from adding one to five years of possible jail or prison time to the defendant's underlying criminal charge. For example, if the defendant is charged with mortgage fraud over one million dollars he or she could be facing three years for the mortgage fraud and five years for the enhancement of PC 186.11(a)(3) for a total of eight years possible jail or prison exposure. If the same defendant has previously committed a white collar offense then the mortgage fraud conviction will be considered aggravated, which means that he or she may face a longer jail or prison.

    Punishment for White Collar Crimes:

    The punishment associated with white collar crimes depends on which underlying crime is charged along with any enhancement or aggravated facts are added under PC 186.10 or 186.11.

    Note: Probation (without jail or prison) may be available in some cases of white collar crimes; however, if the defendant is actually sent to prison, and he or she is charged with an enhancement under PC 186.10 or 186.11, the defendant's prison sentence may not be suspended or split (See PC 1170(h) sentencing).

    If you or a loved one is charged with a white collar crime or an aggravated white collar crime or enhancement, contact our criminal defense attorneys today for a free consultation.

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    List of Common White Collar Crimes

    • Embezzlement
    • Money Laundering
    • Credit Card Fraud
    • Identity Theft
    • Securities Fraud
    • Tax Evasion
    • Check Fraud
    • Insurance Fraud
    • Mortgage Fraud
    • Counterfeiting
    • Bribery
    • Extortion
    • Wire Fraud
    • Insider Trading

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    White Collar Crimes in Californa / PC 186.10, 186.11 & More.

    Criminal Defense Attorney

     
     
     
     
     
     

    Law Office of Christopher Dorado 1030 Nevada Street. Suite 105 Redlands, CA. 92374 

    Criminal defense attorneys representing white collar defendants, including fraud, embezzlement, insurance fraud, bribery, extortion, money laundering, & More