If you are suspected of a white-collar crime that violates federal law, then you will face federal charges. When prosecuted in federal court, a conviction comes with potentially more severe consequences compared to state-level charges.
The criminal defense attorneys at Eppes & Plumblee in Greenville, SC, are prepared to advocate on behalf of individuals charged with white-collar crimes. We present defenses and argue for lenient sentencing based on federal sentencing guidelines, seeking to minimize or eliminate the consequences you face.
When Would I Face Federal Charges for a White-Collar Crime?
White-collar charges can be tried in federal court if the alleged offense crosses state lines, uses the Internet or mail system to commit the act, involves federal territory, or otherwise impacts the federal government. Additionally, if an act raises concerns about national security, you can be charged under federal law. So, any acts of terrorism in connection with a crime will result in federal charges.
Generally, the minimum penalties for federal charges are more severe than state-level charges. Defendants charged under federal law will likely spend more time in prison and face steeper fines. A substantial reason for this is that federal agencies have vast resources and are tasked with investigating federal crimes. Therefore, more incriminating evidence can be presented against you, which may lead to more severe punishments.
Having the right criminal defense attorney from the start of the process is critical.
Federal Sentencing Guidelines for White-Collar Crimes
The U.S. Sentencing Commission provides guidelines for violent crimes, drug crimes, cybercrimes, acts of terrorism, and white-collar crimes, to name merely a few. Federal sentencing guidelines are based on the following factors:
Offense Seriousness
There are 43 levels of offense seriousness, with more severe crimes being assigned a higher level rating.
Base Offense Level
Each crime is assigned a base offense level, which establishes the starting point for determining the seriousness of a crime. For example, fraud has a base offense level of 6. However, a $7,000 loss would raise the base level by two levels (to 9), and a $45,000 loss would raise the base level by six levels (to 13).
Specific Offense Characteristics
Each offense varies, with various factors increasing or decreasing the base offense level. For example, a 6-level increase may be applied to the offense of money laundering if the defendant knew or believed that the funds were in connection with the sale or distribution of an illicit substance, a violent crime, or firearms, explosives, national security, or the sexual exploitation of a minor. A 4-level increase will apply if the defendant was in the business of laundering funds.
Adjustments
Adjustments are factors that may increase or decrease the offense level of a crime. In a federal crime, adjustments may involve any of the following:
- The level of involvement the defendant had in the commission of the crime
- If a minor was involved or if the victim was otherwise vulnerable
- Any evidence of obstruction of justice
- If the defendant is being charged with multiple counts
- The offender accepted responsibility for his or her misconduct
- A judge will look at whether a defendant paid restitution, pleaded guilty, or admitted their role in the offense
Criminal History
Evidence of prior misconduct, such as a previous criminal record, will be considered when determining the sentence. Defendants are classified into six categories, with category I including first-time offenders and category VI including offenders with a significant criminal history.
If you have been charged or convicted of other offenses, you will likely face a harsher sentence. However, judges are allowed to sentence outside of the guideline range if any mitigating or aggravating factors exist. (A mitigating factor lessens a defendant’s culpability, while an aggravating factor increases it).
Working to Defend White-Collar Federal Charges
Federal charges are prosecuted in federal court, which involves different procedures and laws than state court. Given what is at stake in white-collar charges, you want an attorney who has defended white-collar crimes in federal cases. Given the vastly different landscape, attorneys must be admitted to the specific federal district courts where they want to practice. Having someone who is not only qualified to represent you in federal court but has experience successfully defending others is key to a successful outcome.
Speak with Our Defense Attorney Today
If you have been accused of committing a white-collar offense, you need a legal advocate who understands precisely what is at stake. When facing federal charges, you need an attorney who has a thorough understanding of federal law and can build a strong defense. If you are looking for a team that has the entire package, look no further than the Greenville criminal defense lawyers at Eppes & Plumblee. To schedule a confidential case review, contact us online or call (864) 581-3450.