Penalties for White-Collar Crimes in Ohio
In order to deter white-collar criminal behavior like tax fraud and misappropriation of public funds, state and federal governments levy severe criminal penalties for convictions.
|
Fines |
Jail/Prison Time |
| Misdemeanor of the First Degree |
Up to $1,000 |
Up to 180 days in jail |
| Felony of the Fifth Degree |
Up to $2,500 |
6 to 12 months in prison |
| Felony of the Fourth Degree |
Up to $5,000 |
6 to 18 months in prison |
| Felony of the Third Degree |
Up to $10,000 |
1 to 5 years in prison |
| Felony of the Second Degree |
Up to $15,000 |
2 to 8 years in prison |
| Felony of the Third Degree |
Up to $20,000 |
3 to 10 years in prison |
As you will note from the table, potential fines and prison time can be extensive. The sentence each defendant receives depends on the crime they are charged with along with other factors. The following will usually lead to harsher sentences:
- Repeat offender
- Substantial sum of money involved
- Multiple victims involved
- Continuing enterprise or conspiracy
- Elderly victims
On the other hand, the following factors can result in lighter sentences:
- First-time offender
- Low sum of money
- Few victims
- One-time incident
In some Dayton white-collar crime cases, defendants may be held to pay restitution for their crimes. Restitution involves returning ill-gotten gains as well as paying costs and losses associated with the crime, such as lost wages and medical expenses. These payments are in addition to fines assessed upon conviction.
For some crimes, probation instead of prison or jail may be possible. When appropriate, you can expect our law firm to push probation over jail time. If you receive probation, it can last for up to five years. During that time, you’ll be expected to appear at regular check-ins with a probation officer and follow other requirements and restrictions.
Criminal Liability for the Actions of Others
In some cases, you can be held criminally liable for the actions of others. Conspiracy is a well-known example. If you join with someone to engage in fraudulent activity, you can be charged with conspiracy. You can also be held vicariously liable for the actions of your co-conspirator or even subordinates and business partners.
For example, if your business partner has been cooking the books for years, you can face criminal charges even if you were not aware of their activities. If you’re being investigated due to a business associate’s actions, seek legal counsel as soon as possible.
Collateral Consequences of White-Collar Convictions
The potential penalties for a white-collar conviction are harsh and certain. Unfortunately, they are not the only consequences you could face. Numerous collateral consequences follow convictions for white-collar crimes — some of them worse than criminal punishments:
- Inability to continue in your career or to find any kind of work
- Suspension or loss of your professional license
- Tarnished reputation
- Strains on personal relationships
Many organizations and businesses perform background checks on individuals applying for jobs, housing, or schooling. If a background check turns up your criminal record, you could face yet another rejection.
Because white-collar crimes involve a dimension of deceit or fraud, convicted offenders find it extremely difficult or impossible to gain the trust of people and organizations. At Gounaris Abboud, we understand these consequences and their effects on people’s lives, which is why we do everything in our power to protect our clients with the full force of the law.
Strategies for Fighting White-Collar Charges in Dayton
We’re ready to employ both time-tested and innovative strategies in your defense. Some strategies involve challenging the prosecution’s evidence, such as:
- Fighting to exclude illegally obtained evidence
- Discrediting witnesses
- Finding holes in the state’s forensic accounting analysis
- Rebutting the prosecution’s arguments with the testimony of expert witnesses
Our defense lawyers are fierce, effective negotiators who can advocate for your best interests. Depending on the circumstances of your case, we may fight for a plea bargain that results in reduced charges or less severe penalties.
If your case goes before a judge or jury, our trial lawyers will prepare procedural and substantive defenses to stymie the prosecutor’s case. Our experience in court is extensive and informs our every decision.
What to Do If You Are Accused of a White-Collar Crime
If you are charged with a white-collar crime, you may be initially shocked — or you may have been expecting it. In either case, know that your strongest ally is an experienced criminal defense attorney.
Law enforcement will be working to build their case against you, which is why you should always remain silent in the face of police questioning. You should also:
- Insist on an attorney and contact one immediately.
- Politely refuse to speak to law enforcement without an attorney present.
- Keep silent about your case except when with your attorney.
- Gather and organize all relevant documents.
Remember, a charge is not the end of the story but the beginning. By following the above steps, you can help your defense team build a stronger case.
Appealing a White-Collar Conviction
You have the right to request an appeal after a white-collar crime conviction, but only if you were convicted at trial and only if you file a notice of appeal within 30 days of your conviction. If you accept a plea, you will likely waive your right to appeal.
Your attorneys must show valid grounds for the appeal, such as prejudicial error or lack of evidence. The objective is to move the appeals court to invalidate some or all of the previous proceedings. The criminal appeals attorneys at Gounaris Abboud are persuasive, meticulous advocates for our clients.
