INSIGHTS

Home > Insights > White Collar Crime > New York White-Collar Crimes and Penalties

New York White-Collar Crimes and Penalties

by | Jul 18, 2022

White-collar crimes, sometimes also referred to as economic crimes, are financially motivated offenses that can be committed by individuals, businesses, or professionals. These types of crimes are often classified as serious felonies in New York — and a conviction can come with severe penalties. If you have been accused of a white-collar crime, it’s crucial to have an experienced criminal defense attorney on your side who can develop a strategy to fight the charges against you.     

Types of White-Collar Crimes in New York

Many white-collar crimes are prosecuted under federal law because they cross state lines or involve an intent to defraud the U.S. government. However, they can also be charged at the state level if the crime only involved fraud within New York. Due to the complexity of these types of crimes, those who have been accused sometimes do not even know they were involved in a criminal scheme.

Some common types of white-collar crimes that are charged under the New York Penal Code include the following:

  • Bribery
  • Credit Card Fraud
  • Criminal Tax Fraud
  • Criminal Possession of a Forged Instrument
  • Forgery
  • Embezzlement
  • Falsifying Business Records
  • Identity Theft
  • Insurance Fraud
  • Mortgage Fraud
  • Theft of Services
  • Tampering with Public Records

Depending on the type of crime, there are several defense strategies a white-collar criminal defense attorney may be able to use to combat the charges against you. Critically, many white-collar crimes require the element of intent — if the prosecution cannot prove beyond a reasonable doubt that you had the requisite intent to commit the crime, you cannot be found guilty. Other defense strategies that may be utilized can include asserting a Fourth Amendment violation of illegal search and seizure, the defense of entrapment, and failure to bring charges before the expiration of the criminal statute of limitations.     

Penalties for White-Collar Crimes

Each white-collar crime is assigned to a specific class, based on the severity — and the penalties that can come with a conviction in New York can be steep. For instance, Class C felonies carry a term of 15 years in prison and/or a fine of up to $5,000. Forgery in the first degree and criminal possession of a forged instrument are two examples of white-collar crimes that can be charged as Class C felonies.     

Class D felonies — such as identity theft in the first degree — can be punishable by up to seven years in prison and a $5,000 fine. Crimes such as scheme to defraud and falsifying business records in the first degree may be charged as Class E felonies, resulting in a prison term of four years and a $5,000 fine. A Class B misdemeanor can carry a three-month prison sentence and a $500 fine.  

In some cases, a defendant may be required to pay a fine that equates to double their gain from committing the offense instead of the maximum penalty. An individual convicted of a white-collar crime might also face a civil lawsuit following the criminal proceedings. In addition, there can be long-lasting social and professional consequences after a prison sentence has been served. The ramifications of a conviction might include not only reputational harm, but also difficulty in securing employment.          

Contact an Experienced New York White-Collar Crime Defense Attorney

If you’ve been charged with a white-collar crime in New York, it’s imperative to have a diligent defense attorney to protect your rights. The criminal defense attorneys at D’Emilia Law provide high-quality legal services and aggressive advocacy to those who have been arrested for white-collar crimes and strive to obtain favorable results in their cases. To schedule a consultation, contact us at 1-888-DEMILIA.  

White-Collar Crimes
Chemical Test

What are the Consequences of Refusing a Chemical Test?

Under New York’s Implied Consent law, all drivers agree to submit to a chemical test if they are pulled over on reasonable suspicion of drunk driving. These tests are used by law enforcement to determine the level of alcohol in the blood. While the most common...
Pre-Trial Motion

What is a Pre-Trial Motion?

If you’ve been charged with a crime, you need a solid defense. One of the tools your criminal defense attorney will use as part of your defense strategy is the filing of pre-trial motions. Depending on the facts and circumstances of your case, a pre-trial motion can...
Zero Tolerance Law

What is New York’s Zero Tolerance Law?

Being charged with drunk driving at any age is a serious criminal offense that can result in steep consequences. However, New York State law provides distinct penalties for underage drivers who have been charged with DWIs. The Zero Tolerance Law specifies a lower...
Appeal

When Can You Appeal a Criminal Case in New York?

If you’ve been convicted of a crime, you might still have the option to continue your defense in some situations. Depending on the circumstances of your case, you might be eligible to appeal the conviction or sentence to achieve a dismissal of your case, a reduction...
Fifth Amendment

Understanding the Protections of the Fifth Amendment

Under the United States Constitution, an individual who has been accused of a crime is protected from self-incrimination. Commonly referred to as “the right to remain silent,” the Fifth Amendment guarantees that a person cannot be compelled by the government to...
Fourth Amendment

What is the Fourth Amendment Protection Against Unreasonable Search and Seizure?

The Fourth Amendment of the U.S. Constitution guarantees protections to individuals from unlawful search and seizure by the government. However, it’s important to understand that this right doesn’t mean you can never be searched by the police. It only extends to...
Assault Charges

Understanding Assault Charges in New York

Being charged with an assault in New York is a serious matter — and a conviction can have a wide range of consequences on your life and livelihood. From employment opportunities to finding housing, obtaining a professional license, and retaining your right to possess...
Weapons Crimes

Weapons Crimes in New York

New York has some of the strictest weapons laws in the nation. Critically, not only can being convicted of a weapon crime lead to a criminal record, but it can also result in the long-term ramifications that come with one — impacting both your daily life and...
Rights Crime

What are Your Rights if You’ve Been Charged with a Crime?

Regardless of the crime with which you’ve been charged, it’s essential to understand that you have certain rights under the U.S. Constitution and the New York State Constitution. These rights are meant to protect against arbitrary treatment by the government and...
DWI Attorney

Do You Need an Attorney for a DWI Charge?

If you’ve been charged with driving under the influence in New York, you may be wondering whether you should have the representation of an attorney. Critically, being charged with driving under the influence in New York can have a long-lasting impact on your life and...