In the State of California there is an all too familiar crime committed called White Collar Crime. Many are surprised to learn that they or a loved one has committed this crime and find themselves or their loved one, arrested. However a white collar crime pertains to a variety of crimes. Ajua Bail Bonds will get deeper into California’s views on white collar crime and why you may find yourself in need of a bail bond while you prepare for your or your loved ones defense.
White Collar Crime Definition in California
The State of California defines a white collar crime as ‘Those that perpetrated for financial gain that involves deception’. Even though these crimes aren’t violent or aggressive in nature, the State of California still considers a white collar crime as a serious offense under federal law.
Is White Collar Crime a Felony or Misdemeanor?
There are several crimes associated with white collar crimes such as fraud, embezzlement, identity theft, and forgery. Depending on the charges, some may be considered a Wobbler Offense in California. This means it will depend on the crime and the judgments of the prosecutors that will dictate whether the individual will be charged with a felony or misdemeanor. However for cases involving fraud, this can be tried as a federal crime in either state or federal court.
Wobbler Crimes & Offenses in California
The State of California defines Wobbler as an offense wherein the prosecutors have the power to charge the crime as a misdemeanor or as a felony. The prosecutors will determine if the crime is charged as either a felony or misdemeanor, depending on the specific facts of the case and/or the defendant’s criminal history. There have been many cases where both the facts of the case and past criminal history posed a harsher punishment and charged the defendant with a felony. For those with first offense charges, or where some of the evidence can be excused or are minimal, prosecutors often charge the defendant with a misdemeanor.
List of White Collar Crimes
Embezzlement – California Penal Code 503 defines embezzlement as fraud to obtain another’s property that has been entrusted to you and you are not entitled to the property or it doesn’t belong to you in any way. Embezzlement often involves money as well as valuable items such as real estate, vehicles, and jewelry. The State of California views embezzlement as theft at its core. Often embezzlement is prosecuted under petty theft or even grand theft statutes.
Forgery – Under California’s Penal Code 470, forgery is defined as an act to falsify a legal document, present a false financial document to be legitimate, or the signing of any document with another person’s name. Forgery can also be determined as a “wobbler offense” where the prosecutors can charger the defendant with either a misdemeanor or felony. If charged with a misdemeanor, the defendant can be punished with one year jail time. For those who committed felony and have been charged with a felony, they can spend up to three years in jail or more.
Identity Theft – California’s Penal Code 530.5 defines identity theft as when a person criminalizes the act by fraudulently using another’s identifying information. Examples of using identifying information of another person can include social security numbers or banking information. Again, identity theft punishment can be determined by “wobbler offense” and can be prosecuted as a misdemeanor. The perpetrator can spend one year in jail with a $1000 fine, or if prosecuted as a felony, you may be spending up to three years in jail with an additional $10,000 fine.
Bail Bond Services in Selma & Fresno County, Atwater & Merced County, Visalia & Tulare County, Hanford & Kings County, Madera County and the Central Valley of California
Ajua Bail Bonds can assist those who been arrested with a white collar or other crime and help provide a bail bond for their release. Ajua Bail Bonds knows that most will want to spend time with loved ones as they prepare their defense. If you or a loved one has been arrested, contact Ajua Bail Bonds and we will assist in their release.