Punta Gorda White Collar Crime Defense Lawyers
At Foley & Wilson Law Firm, our team of former prosecutors, retired FBI special agents, and seasoned defense attorneys brings over 45 years of experience in the criminal justice system to your defense. We are dedicated to providing the highest level of professional representation, treating every client with dignity and respect. Our boutique practice is committed to delivering a high degree of skill and professionalism, particularly when dealing with serious allegations of white collar crime. These charges require a nuanced approach from knowledgeable legal counsel who understand the complex nature of the laws involved. Contact our experienced Punta Gorda white collar criminal defense lawyers today.
Understanding White Collar Crime
White collar crime refers to a range of non-violent offenses typically committed for financial gain. These crimes are characterized by deceit, concealment, or violation of trust and are usually perpetrated by individuals or organizations in positions of authority. White collar crimes can have severe consequences, including substantial fines, restitution, and lengthy prison sentences. Below, we detail some common white collar offenses under Florida law.
Credit Card Fraud (Florida Statutes 817.61)
Credit card fraud involves the unauthorized use of a credit card, or credit card number, with the intent to defraud. Under Florida Statutes 817.61, it is a third-degree felony, punishable by up to five years in prison, five years of probation, and a $5,000 fine.
Embezzlement (Florida Statutes 812.014)
Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted. Under Florida law, embezzlement falls under theft statutes. The severity of the charge depends on the value of the property stolen. Embezzlement can be classified as either a misdemeanor or a felony:
- First-degree misdemeanor: Property valued at less than $750, punishable by up to one year in jail.
- Third-degree felony: Property valued between $750 and $20,000, punishable by up to five years in prison.
- Second-degree felony: Property valued between $20,000 and $100,000, punishable by up to 15 years in prison.
- First-degree felony: Property valued over $100,000, punishable by up to 30 years in prison.
Extortion (Florida Statutes 836.05)
Extortion involves maliciously threatening to accuse another of a crime or to cause injury, with the intent to extort money or compel any person to act against their will. Under Florida Statutes 836.05, extortion is a second-degree felony, punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine.
Forgery (Florida Statutes 831.01)
Forgery is the act of falsely making, altering, forging, or counterfeiting a document with the intent to defraud. Under Florida Statutes 831.01, forgery is a third-degree felony, punishable by up to five years in prison, 5 years of probation, and a $5,000 fine.
Identity Theft (Florida Statutes 817.568)
Identity theft involves the unauthorized use of another person’s personal identifying information. Under Florida Statutes 817.568, identity theft can be classified as:
- Third-degree felony: Punishable by up to five years in prison.
- Second-degree felony: If the fraud involves 10 to 20 victims, punishable by up to 15 years in prison.
- First-degree felony: If the fraud involves more than 20 victims or a loss exceeding $50,000, punishable by up to 30 years in prison.
Insurance Fraud (Florida Statutes 817.234)
Insurance fraud includes acts such as filing false claims or inflating damages. Under Florida law, insurance fraud can range from a third-degree felony to a first-degree felony, depending on the amount involved:
- Third-degree felony: Claims less than $20,000.
- Second-degree felony: Claims between $20,000 and $100,000.
- First-degree felony: Claims over $100,000.
Knowingly Using Worthless Checks (Florida Statutes 832.05)
Writing a check with the knowledge that there are insufficient funds is considered a crime. Under Florida Statutes 832.05, the severity of the offense is based on the amount:
- First-degree misdemeanor: Checks valued less than $150, punishable by up to one year in jail.
- Third-degree felony: Checks valued $150 or more, punishable by up to five years in prison.
Mortgage Fraud (Florida Statutes 817.545)
Mortgage fraud involves material misstatements, misrepresentations, or omissions in mortgage loan applications. Under Florida Statutes 817.545, mortgage fraud is a third-degree felony, punishable by up to five years in prison.
Scheme to Defraud (Florida Statutes 817.034)
A scheme to defraud involves a systematic course of conduct to deceive or obtain property or money. Under Florida law, it can be classified as any of the following:
- Third-degree felony if the property obtained is valued at less than $20,000.
- Second-degree felony if the property obtained is valued between $20,000 and $50,000.
- First-degree felony if the property obtained exceeds $50,000.
Common Defenses to White Collar Crimes in Punta Gorda
Defending against charges involving white collar crimes requires a nuanced approach, often focusing on challenging the evidence or demonstrating a lack of intent. Common defenses include:
- Lack of Intent: Arguing that the defendant did not intend to commit fraud or deceit.
- Entrapment: Demonstrating that law enforcement induced the defendant to commit the crime.
- Mistaken Identity: Proving that the defendant was not the individual who committed the alleged crime.
- Insufficient Evidence: Challenging the prosecution’s evidence as inadequate to prove guilt beyond a reasonable doubt.
- Good Faith Belief: Showing that the defendant believed their actions were legal.
At Foley & Wilson Law Firm, we employ these and other defense strategies tailored to the unique circumstances of each case. Our experienced team is dedicated to achieving the best possible outcome for our clients, leveraging our extensive experience and deep understanding of the criminal justice system.
Contact Us Today
If you or a loved one is facing charges of white collar crime in Punta Gorda, contact Foley & Wilson Law Firm for a confidential consultation. Our commitment to excellence and personalized representation ensures you have a dedicated advocate by your side.
