White collar crimes are typically nonviolent, rarely leading to intentional loss of life or injury. Even so, they can lead to significant negative impacts on individuals, businesses, investors and—in large-scale crimes—even entire communities.
That said, the punishments for white collar crimes have increased over the years, especially with the White-Collar Crime Penalty Enhancement Act of 2002 coming into law. However, there are certain factors that can affect the punishment for these crimes.
If you are facing charges for a white collar crime, knowing the potential penalties you are up against can help you build a tailored defense strategy.
Factors that can affect white-collar sentencing
White-collar cases are never cut and dry, often involving complex legal, financial and ethical issues that need careful examination. Here are several factors that can impact your case:
- Financial impact: Larger financial losses typically lead to more severe penalties.
- Duration: Committing a crime for an extended period of time will likely result in more charges as it indicates sustained criminal activity.
- Number of victims: More victims often means more losses, be it financial or otherwise.
- Criminal history: If you have been charged with another offense before, you may face enhanced punishments.
- Cooperation with law enforcement: Unless you committed the crime alone, you may receive a more lenient punishment if you help the police arrest the person higher up the criminal hierarchy.
- Role in the crime: Typically, the significance of your role in the crime will affect sentencing. For example, if you were following orders from a higher-up, you may receive a lighter penalty than them.
- Restitution: Refusing to provide compensation or reparation to victims even when ordered to do so will likely lead to a harsher sentence.
These are just some of the most significant factors that can affect your punishment. Keep in mind that others can also come into play, such as mitigating circumstances, whether you are in a position of trust and your health status at the time of sentencing.
Understanding your case can help you build a better defense
Knowing the severity of your case and the potential penalties can guide your defense team. You can discuss the factors above with your attorney to make informed decisions about your legal strategy. At the same time, your attorney can help you assess the risks of whichever path you take.
Don’t let this information overwhelm you. With an experienced attorney by your side, you can have the best defense strategy to mitigate the most severe consequences.