There are many types of theft and white collar crimes, but there is a common denominator in all of them: the prosecution must prove wrongful intent, usually that the defendant acted with specific intent to unlawfully and permanently deprive a person or a business of possession of property.
For example, in a common scenario, where a defendant is accused of cashing a forged check drawn against the account of an elderly individual and valued at over $400, a number of felony charges are likely. In such a case, a California defendant may face charges including elder abuse, burglary, grand theft, check forgery, and possession of a forged check. The prosecution would have to prove wrongful intent to convict the defendant for any of the alleged crimes. Each of these allegations is therefore defensible provided the defendant can establish doubt as to his or her intent, that is, offer convincing evidence that he or she acted in good faith believing that the check was good and that he or she had a lawful claim to the money.
For more information on theft crimes in California, refer to our detailed guide, California Theft Crimes: Understanding the Offenses and Penalties. To learn more about white collar crimes, please read White Collar Crimes in California.
Does the Punishment Fit the Crime?
San Diego theft and white collar crimes generally have another common denominator: the severity of the crime alleged and the severity of punishment for any conviction is usually greatly influenced by the amount of the alleged loss. On the other hand, the ability to make restitution (pay back any alleged loss) can make a huge difference in every facet of the case. This would include whether the defendant may face any charges at all and the types of charges allowed in a plea agreement if charges are filed.
Settlement as an Option For White Collar Crimes
Crimes involving embezzlement, insurance fraud, workman’s compensation fraud, and alleged real estate scams are varied and have each their own set of complexities. All are obviously document intensive and can take years to unravel. Each type of crime is prosecuted separately by a different division with the District Attorney’s Office. The prosecutor in any particular case may have been assigned to the case from the beginning of the investigation and will have a definite attitude toward what it will take to resolve the matter. As the defense in such a case can take perhaps one year and the expenditure of an inordinate amount of time, energy and money, there are advantages to determining whether your case is the type that can and should settle quickly and with the goal of controlling the outcome as much as possible.
More About Theft and White Collar Crimes
For more information about theft and white collar crimes in California, the following related resources are available:
- California Theft Crimes: Understanding the Offenses and Penalties
- White Collar Crimes in California
- How to Obtain a Dismissal of a Theft Case: Civil Compromise
- Can I Be Arrested for Theft by a Credit or Debit Card in California?
Get Help from a San Diego Theft and White Collar Crimes Attorney
If you are facing allegations of theft or white collar crimes, do not hesitate to contact Domenic J. Lombardo, an experienced San Diego theft and white collar crimes defense attorney. When you call, Mr. Lombardo will provide a roadmap on what to expect from the legal process as your case unfolds and explain exactly how we may establish a defense or mitigation of charges and punishment. Mr. Lombardo offers a free and confidential consultation in cases involving theft and white collar crimes in San Diego, Chula Vista, Coronado, Point Loma, Ocean Beach, Pacific Beach, La Jolla, University City, Kearney Mesa, North Park, Hillcrest, National City, Imperial Beach, San Ysidro, Lemon Grove, El Cajon, La Mesa, Spring Valley, La Presa, Lakeside, Santee, Poway, Escondido, San Marcos, Rancho Santa Fe, Encinitas, Del Mar, Solana Beach, Carlsbad, Oceanside, Vista, Fallbrook and throughout San Diego County and the state of California.