Common Defenses Used for White Collar Crimes 

June 25, 2024 • Posted In Fraud

A white-collar criminal defense attorney provides an opportunity to analyze your case evidence and craft a customized defense strategy. While there may be some crimes that seem impossible to beat, that is rarely the case. The type of crime and the availability of evidence influence the outcome in all situations. However, a good Atlanta white-collar crime lawyer from Wallack Law will examine all possible avenues for reducing your risk of a conviction.

Potential Defense Strategies for White Collar Crimes

A strategy must be developed for every white-collar crime based on the specific charges, available evidence, and likely outcome. Some of the potential defense options could include:

• Entrapment: If you were enticed to commit a crime, such as with law enforcement officers working undercover to trick you, it may be possible to prove you would not have committed the crime without that influence.
• Lack of intent: In this defense, you rely on the prosecution’s need to prove that you acted with intent to defraud or illicitly obtain advantages.
• Statute of limitations: Depending on the type of charge and local laws, it may be possible to prove that the statute of limitations was met, meaning they cannot pursue legal action against you.
• Insufficient evidence: It may be possible to prove that they simply do not have enough evidence to prove some component of the crime or establish your identity to prove that the crime took place.
• Coercion or duress: Depending on the circumstances in the case, it may be possible to prove that you were coerced or forced through some type of verbal or physical threat, such as feeling your family was threatened if you did not take the action you did.
• Intoxication: It may be possible to state that you were under the influence of alcohol or drugs during the event and perhaps that you were intentionally drugged.
• Illegal search or seizure: Very specific steps must be taken for law enforcement to search and seize evidence, and if you can prove they circumvented those steps in any way, you may be able to prove the evidence is unavailable.
• Insanity: An insanity defense could apply in situations where you can show that a mental illness or defect at the time of the event caused the behavior. You will need to prove that you were diagnosed with a mood, thought, or behavioral disorder. This would not automatically excuse you from the crime or conviction but may alter the outcome.

Careful consideration of the evidence in your case is critical before any decision about a defense should be applied. If you are unsure what type of risks apply in your situation, speak to a white-collar criminal defense attorney immediately. Learn as much as you can about the evidence available and provide as much accurate information to your attorney as possible.

Note that the most effective defense strategies are those where your criminal defense attorney can use accurate, verifiable information to produce the best possible strategy for your case. That requires a consultation and a conversation about the case details.