In the state of California, a sentence can be greatly enhanced for a pattern of similar felonies. California's penal laws contain a provision known as “The White Collar Crime Enhancement” or the "Freeze and Seize" law. In addition to sanctions imposed at the time of conviction, a person can be subject to extra terms of incarceration, fines or both. To meet the requirements under the enhancement provisions, the following must exist: 1) a conviction of two or more related felonious acts in a single proceeding; 2) the felonious acts include elements of fraud or embezzlement; 3) the felonious acts involve a pattern of related felony conduct; and 4) the felonious acts involve taking $100,000 or more. A San Francisco white collar criminal lawyer can confirm whether or not you meet all the requirements of the provision.
Simply put, this means that if you are facing a series of charges, such as fraud or embezzlement, and are convicted of at least two (or have at least two prior similar convictions), your sentence may be increased by an additional 2-5 years. Further, this provision allows a court to seize assets upon the filing of the complaint or indictment in order to reimburse victims as well as pay any fines imposed for the criminal acts. Section 186.11 ensures the payment of restitution by preventing the disposal of assets or property. Should you find that you need a San Francisco white collar criminal lawyer, please contact Christopher Morales for a free consultation.