White-collar crimes are inherently different from other crimes, which mean their defense must also be different. Here are some of the common defense options for white-collar crimes.
Show Lack of Intent
White-collar crimes, such as embezzlement and fraud, are some of the criminal cases that can be defended by lack of intent. This is because, for many white-collar crimes, you are only guilty if the prosecution proves that you intended to commit the crime. Consider a case in which you are accused of making a fraudulent property insurance claim by inflating the value of your damages. In such a case, you may be able to defend yourself by demonstrating that you genuinely believed that the value of the loss as claimed.
Show Lack of Knowledge
If the alleged act was committed in a big business or corporation and involved multiple parties, then you may be able to avoid prosecution by showing that you didn't know about the alleged crime. This is even more likely to work if you are being charged as part of a larger group of people. For example, if you are a junior accountant in a large corporation, and you are charged with embezzlement, you may be able to defend yourself by proving that you were only a small cog in a big wheel and couldn't have known about the crime.
In case you were coerced into committing the alleged crime, then you may be able to escape liability by proving the fact. Note that someone doesn't have to hold a gun to your head to coerce you into an activity; coercion can take various forms, and there is even soft coercion. For example, a supervisor or employer may deny you benefits or put your promotion on hold as a way of getting you to "cooperate" with their scheme. Proving such forms of coercion may be able to get you off the hook for the white-collar crime.
Poke Holes in the Evidence
Lastly, you may also be able to weaken the prosecutor's case by poking holes in their evidence. This is even more possible if you are being tried by a jury. This is possible because, for most white-collar crimes at least, there are usually tons of documents to be reviewed and explained. Even if you don't completely prove your innocence, showing errors or wrong assumptions on the prosecution's evidence may be enough to plant reasonable doubt on the jurors' minds.
For more information, contact your local criminal defense law office.Share