White-collar crimes are considered to be any financially motivated crimes intended to gain an unfair advantage or for financial gain. Under the law, offenders are punished severely, with potential imprisonment, hefty fines, and paying restitution to the victim. In addition to criminal penalties, a person may be found civilly liable, potentially resulting in forfeiture of any assets connected to the criminal activity.
The punishment does not stop there, as defendants often struggle to find employment or face the loss of professional licensure. If you have recently been accused of a white-collar crime, our experienced criminal defense lawyers in Greenville, SC, are ready to discuss potential defenses to combat these charges.
Lack of Intent
For the prosecution to convict you of a white-collar crime, they must establish that your actions were intentional or voluntary. Proof of intent is essential in securing a conviction. If you can show that you did not intend to defraud or deceive someone, this may form the basis of your defense. The State must demonstrate this element beyond a reasonable doubt. Anything less than that will result in an acquittal or a dismissal of said charges.
Entrapment
If a government agent convinced or tricked you into committing a crime to catch another person in the act, you can claim entrapment. The entrapment defense can be used in South Carolina when two elements are met: (1) that the police convinced you to commit a crime, and (2) that you were not predisposed to committing the alleged offense. While proving entrapment can result in an acquittal, the defense is rarely successful.
Insufficient Evidence
As previously mentioned, the defendant’s guilt must be established beyond a reasonable doubt. A successful defense involves creating doubt in the minds of a judge or jury. Criminal law requires the highest standard of proof, which forces the prosecution to meet a high burden. To establish reasonable doubt, the government must present ample and relevant evidence to prove that the criminal offense was indeed committed and that you committed it. Anything short of this can result in a dismissal or acquittal.
Illegal Search and Seizure
The Fourth Amendment protects us against unlawful searches and seizures by the government. This applies to your home and any other place in which you have a reasonable expectation of privacy. To conduct a valid search, law enforcement must obtain a search warrant that is based on probable cause. However, an officer is allowed to conduct a warrantless search within your immediate vicinity following a lawful arrest. This is done to ensure the officer’s safety and to preserve any evidence that you may attempt to destroy. Known as a search incident to arrest, this does not apply to digital information, such as cell phones.
Incapacity
If a person lacks the capacity to understand the nature of the offense, they likely did not have the required intent to commit the crime. Incapacity may include both mental and physical disabilities. Essentially, any disability that would hinder a person’s ability to effectuate the crime can be relevant, although you must provide sufficient proof.
Speak with Our Defense Attorneys Today
Facing allegations of a white-collar crime can instill fear about what the future holds. Court cases are based on both sides presenting evidence to sway a jury. Given the legal procedures that must be followed, you want someone who has a thorough understanding of the law. If you are currently under investigation for a white-collar crime, do not hesitate to speak with the attorneys at Eppes & Plumblee. To discuss your case, contact us online or call (864) 581-3450 today.