Will I Have to Go to Jail for a White Collar Crime in Delaware?

Though they may not go by the familiar term you know as white collar crimes in Delaware, these offenses are still serious and carry hefty penalties. The details will vary, as a white collar crime may be classified as a misdemeanor or felony depending on the circumstances. Additional factors also affect the punishment if you are convicted. The judge will review guidelines established in the Delaware SENTAC Bench Book for sentencing. There are numerous factors to be considered, so it is difficult to say for sure whether you will face jail time.

However, you can get an idea about your possible incarceration by looking at some general information. You gain an edge in your case when you have a Wilmington white collar crimes defense attorney on your side, and some background is useful for understanding the punishment for a conviction.

Defining White Collar Crimes: Initially, you should be aware that there is no such offense described as a white collar crime in Delaware criminal statutes. Instead, a white collar crime is characterized by elements of fraud, bribery, theft, and other offenses. As such, the penalties will work according to how the underlying crime is punished. For instance, you would face jail time for a Class A Misdemeanor if the white collar crime involved misappropriation of property valued at $1,500 or less.

 Sentencing Factors: If you are convicted, the court may sentence you at the same proceeding or set a separate date for a sentencing hearing. The judge will review the language of the criminal statute and factors set by SENTAC guidelines, such as:

• The defendant’s criminal history, if any;
• The nature of the victim, including age and disability;
• The number of victims affected by the white collar crime; and,
• Many others.

 Prison v. Jail Time: It is important to realize that you may not face a sentence for incarceration in jail if you are convicted of a white collar crime. In fact, if your conviction is for a felony, you could be sentenced to incarceration in prison. There are significant distinctions between jail and prison, with the latter being dedicated to holding inmates with sentences of 1 year or more.

Your Choice of Defense Attorney: Your decisions on hiring counsel are also important when considering penalties, as you are much more likely to avoid significant jail time when you have help from a lawyer. In many cases, you may be able to resolve a white collar crime case by plea bargaining.

Contact a Wilmington, DE White Collar Crimes Defense Lawyer Today

There is no definitive answer on whether you will go to jail for a criminal offense, but it is certain that you need a legal professional to assist with your case. To learn more about options for fighting the white collar crimes charges, please contact Attorney Michael W. Modica. Individuals in New Castle County can call 302.600.1262 or go online to set up a consultation. After reviewing the facts of your case, a Delaware criminal defense lawyer can advise you on potential outcomes.

Source:

cjc.delaware.gov/wp-content/uploads/sites/61/2018/01/Benchbook-2018v2.pdf