If you face an investigation or pending criminal charge for a white-collar crime, you may not know what actions you should take. The first thing you should know is that allegations of white-collar offenses are widespread. According to Oxford Research Encyclopedias, the FTC saw over three million consumer complaints about such activities in 2015. If you are the target of such an accusation, it can be a confusing, stressful and intimidating process.
Dealing with criminal proceedings is never easy, especially if you believe you are innocent. Here are some potential defenses you and your lawyer may be able to mount to combat the charges against you.
1. Lack of intent
To prove you are guilty of a crime, the prosecutors must show you had the intent to commit the offense. Just because you technically perform an unlawful act does not mean you should receive a criminal conviction. Your lawyer can advise you on how to prove there is no evidence of criminal intent.
A common situation is entrapment, which occurs when a government official convinces someone to commit a criminal offense he or she would not otherwise engage in. You may be able to argue entrapment as a defense to show you do not have the tendency or desire to partake in such activities.
The sole act of committing a crime does not mean you are the individual who should be guilty of it. Sometimes, another party threatens an individual with bodily harm or death to force him or her to commit a crime. If you can prove this type of threat, you may be able to escape criminal charges.
These are just some ways you may be able to defend against a white-collar criminal charge. Your lawyer will be able to provide you with more specific counsel.