Possible defenses to white collar crimes in Oklahoma City include entrapment, a violation of your Fourth Amendment rights, duress, a lack of intent, and intoxication. Below are additional details about these five potential white collar crime defenses.
1. You Are the Victim of Entrapment.
The police put pressure on you to commit a crime that you otherwise would not have done. In this instance, you could be the victim of entrapment.
To validate your claim that you were entrapped, your criminal defense lawyer could provide the court with evidence highlighting your communications with the police. This evidence could raise a reasonable doubt about whether you would have committed a crime had the police not been involved.
2. Your Fourth Amendment Rights Were Violated.
The Fourth Amendment protects you against unlawful search and seizure. Because of this, the police must have probable cause to search and seize your property.
In your white collar crime case, if the police search and seize evidence without authorization to do so, your attorney could argue that your Fourth Amendment rights were breached. This could prompt the court to suppress evidence that the prosecution had planned to use against you, improving your chances of getting a favorable case outcome.
3. You Committed a Crime While Under Duress.
Per Oklahoma Statutes § 15-55, duress consists of a situation in which someone commits a crime because they face an imminent threat of harm to themselves or others. With this, you would not engage in criminal activity if you or another party were verbally or physically threatened.
To prove duress, your attorney can explain to the court how you were subject to a present, immediate, or impending threat of bodily harm or death to you or someone else. Based on this threat, you may have committed a criminal act to protect yourself or another party from getting hurt.
4. You Never Intended to Commit a Crime.
It is possible to be charged with a white collar crime without realizing that you are doing anything illegal. At this point, your lawyer can argue in court that you had no criminal intent to engage in unlawful activities.
The court will convict you of a white collar crime if the prosecutor in your case can prove that you committed an illegal act and knew that what you were doing was against the law. If the prosecutor cannot show the court that you had the intent to commit a criminal act, the court may dismiss the case against you.
5. You Were Intoxicated at the Time a Crime Was Committed.
An intoxication defense may serve you well if you were involuntarily intoxicated due to drugs or alcohol when a crime was committed.
With this defense, your lawyer can argue that you were intoxicated at the time of a criminal act. Based on this, you may not have been aware that you were engaging in an illegal act or could not form the intent to commit a crime.
What Defense Should You Use to Defend Against a White Collar Crime Conviction?
Have an Oklahoma City defense lawyer put together a custom legal defense for you. Your attorney will consider the specifics of your criminal charge. They will use their legal knowledge to prepare a legal defense that minimizes your risk of a conviction.