Were you accused of or charged with a white collar crime in San Antonio, TX? If so, you need to act quickly to protect your rights. These financial crimes are taken seriously and can carry penalties that are just as harsh as a conviction for a violent offense.
The Law Office of Jesse Hernandez can help you fight your criminal charges by preparing a solid, customized defense. Our San Antonio white collar crimes attorneys have decades of experience handling complex criminal matters.
We’ll help you navigate the Texas criminal justice system and provide the aggressive legal representation you need and deserve. Call (210) 807-8656 or contact us online for a free consultation with a criminal defense lawyer in San Antonio, Texas.
How Can the Law Office of Jesse Hernandez Help If You Were Charged With a White Collar Crime in San Antonio, TX?
You may think that a crime lacking physical violence is treated more leniently than violent criminal acts. However, many white collar crimes are charged as felonies. A conviction could result in prison time, substantial fines, and harsh collateral consequences.
With so much at stake, you’ll need a trusted and dedicated attorney to advocate for you and protect your rights. The San Antonio criminal defense lawyers at the Law Office of Jesse Hernandez will stand by your side throughout the legal process.
We approach every client with understanding, as we know the challenges and stress they’re facing. Additionally, founding attorney Jesse Hernandez is a former assistant public defender, giving our team unique insight into how the state prosecutes cases.
If you hire our San Antonio law firm to fight your white collar criminal charges, we’ll:
- Investigate the charges against you and the circumstances leading up to them
- Evaluate the prosecution’s evidence to identify weaknesses or flaws
- Consult financial experts if we need insight into complex transactions or a better understanding of your charges
- Negotiate with the prosecutor to have your criminal charges dismissed or reduced
- Fully explain any plea deals offered so you can decide how to proceed
- Aggressively defend you in state and/or federal court and at trial as necessary
Even if you haven’t been formally charged with a crime, you need to seek legal counsel as soon as possible. An investigation often leads to charges, and you’ll want a lawyer in your corner from the start.
Contact our San Antonio criminal defense attorneys for a free initial consultation. The meeting is confidential, and we’ll discuss how we can assist with your white collar defense.
Overview of White Collar Crimes in Texas
White collar offenses are financially-motivated, non-violent crimes. Examples range from an individual writing a bad check to a public official unlawfully using taxpayer dollars for personal use.
Texas law enforcement and prosecuting attorneys take white collar crimes seriously. They cost the state millions of dollars each year and can devastate companies and families.
Examples of white collar crimes include:
- Fraud
- Bribery
- Identity theft
- Counterfeiting
- Forgery
- Computer and cyber crimes
- Ponzi schemes
- Insider trading
- Racketeering
- Extortion
- Money laundering
- Public corruption and kickbacks
- Embezzlement
- Tax evasion
- Intellectual property theft and piracy
- Election law violations
- Conspiracy
- Deceptive business practices
Below, we provide more in-depth information regarding some Texas white collar crimes.
Fraud
Fraud encompasses various offenses in Texas. It involves intentionally misrepresenting, concealing, or deceiving for personal gain (property or money).
Examples of crimes involving fraud include:
- Forgery
- Trademark counterfeiting
- Stealing or receiving a false check (check fraud)
- Credit card fraud and abuse
- False statements to a financial institution (bank fraud)
- Insurance fraud
- Identity theft
- Securities fraud
- Tax fraud
- Fraudulent transfer of a motor vehicle
- Workers’ compensation fraud
- Unemployment fraud
- Welfare fraud
- Mortgage fraud
- Bankruptcy fraud
- Mail fraud
- Healthcare fraud
- Medicaid fraud
The elements the prosecution must prove depend on the specific criminal charge. However, they will typically need to have evidence demonstrating that you engaged in the fraudulent activity with the intent to enrich yourself.
You could face misdemeanor or felony charges depending on the crime.
Identity Theft
Identity theft is the fraudulent possession, transfer, or use of someone else’s identifying information, which could include their:
- Name and date of birth
- Biometric data, such as their voice, fingerprint, or retina image
- Government-issued identification number, such as their social security number
- Electronic ID numbers, such as routing codes and bank account numbers
- Telecommunication information, such as PINs, account numbers, or credit card information
To be charged with this crime, you must have the intent to defraud or cause harm. Additionally, you must have handled the identifying information without the person’s consent. This crime is charged as a felony in Texas.
Money Laundering
Money laundering generally involves taking funds received through criminal acts and attempting to make them seem legitimate.
Under Texas law, money laundering is when someone knowingly does any of the following with proceeds of criminal activity:
- Acquires
- Maintains an interest in
- Conceals
- Transfers
- Possesses
- Transports
- Transacts
- Facilitates or supervises the transaction
- Invests
- Expends
“Criminal activity” under this statute means an offense that is classified as a felony or is punishable by more than a year in prison in another jurisdiction. “Knowingly” means that you knew the money came from illegal activity. However, you don’t have to know the specifics of the crime. Money laundering is a felony in Texas.
An example of money laundering is when someone acquires funds from a drug sale and deposits them into a business bank account.
Embezzlement
Embezzlement is included in various theft offenses under Texas law. This crime occurs when someone misappropriates property or funds that have been entrusted to them. In other words, the defendant must have had explicit possession or control of the property in question.
For example, an employee responsible for a company’s accounting could be found guilty of embezzlement if they divert funds to their personal bank account.
What Are the Penalties for White Collar Crimes in San Antonio, Texas?
The potential penalties resulting from a white collar criminal conviction depend on numerous factors, including but not limited to:
- The specific crime you’re charged with
- The severity of the offense
- Your criminal history (if any)
- The identity of the victim(s) (e.g., elderly people)
- The number of people affected by the act
- The value of the property in question
Penalties could include:
- Time in jail or prison ranging from 180 days to 99 years
- Fines ranging from $500 to tens of thousands of dollars or more, depending on the financial nature of the crime
- Probation
- The requirement to pay restitution to victims
- Asset forfeiture
Depending on the circumstances, you may also face federal charges. If that’s the case, it’s crucial that you contact an experienced San Antonio white collar crimes lawyer immediately. Don’t speak with a federal investigator without legal counsel present. The outcome could be disastrous to your criminal defense.
What Are the Collateral Consequences of a White Collar Criminal Conviction?
Many people faced with white collar criminal charges fail to realize that a conviction can go beyond criminal penalties.
Collateral consequences are the impacts you experience in your personal life due to having a criminal record, such as:
- A damaged reputation
- Being terminated from your job
- The loss of a professional license or certification
- Trouble finding employment in the future
- Forfeiting your assets, such as your home, to repay victims
- Child custody/visitation issues
- Immigration issues
The best way to prevent or minimize these and other consequences is to contact our white collar crime lawyers in San Antonio.
What Defenses Can Be Raised If I’m Accused of a White Collar Crime in San Antonio?
If you’re dealing with a potential criminal proceeding involving a white collar crime, it’s essential to work with an experienced criminal defense attorney. Each white collar legal matter is unique, so there is no one-size-fits-all approach to fighting these charges.
Your lawyer will look at all angles of the case to build a defense. The strategy will depend on the evidence against you, the charges, and the unique circumstances.
Potential defenses could include:
- Mistake or lack of intent to commit the crime in question (e.g., you made an error on your tax return and didn’t intend to commit tax fraud)
- You were given consent (e.g., this could be a valid defense in an identity theft case)
- You were under coercion or duress to commit the crime
- You were incapacitated at the time of the alleged crime
- Entrapment by law enforcement
- Lack of evidence to tie you to the crime
- Mistaken identity
- Constitutional rights violations (e.g., illegal searches or seizures)
- False allegations
It’s the prosecutor’s job to prove their case beyond a reasonable doubt. It will be our job to stop them from doing so. Contact our criminal defense attorneys in San Antonio for assistance.
Schedule a Free Case Evaluation With Our San Antonio White Collar Crimes Lawyers
If you’re facing charges for a white collar crime in San Antonio, the Law Office of Jesse Hernandez is here for you. We have decades of combined experience in criminal law, and we know the intricacies of the Texas court system.
Call our law firm today for a free case review with an experienced white collar crimes attorney in San Antonio, TX.
