What are the defenses to white collar crime?

In New Mexico, there are several defenses that an individual can use in a white collar crime case. It is important to note that these defenses are not absolute, and an experienced attorney can help determine which defense is best for a particular case. One defense that may be used is that of “mistake of fact.” Sometimes people will make an honest mistake when participating in a financial transaction and are unaware of the illegality of their actions. This defense of mistake of fact can be used to prove that despite the fact that an individual was involved in a white collar crime, they were not aware that their actions were illegal. Another defense is that of “lack of intent.” The law in New Mexico recognizes that people can accidentally commit white collar crimes. If a person can prove that they did not intentionally commit a crime, then this defense may be used. Additionally, an individual can argue that they were “not in control of the situation.” This defense can be used if a person had no control over the events that led to the white collar crime taking place. Having no control over the situation is not the same as not being aware of the illegality of the act. Lastly, a defense of “entrapment” can be used. This defense is when a person was tricked or coerced into committing a crime by a law enforcement officer. They must prove that without the law enforcement officer’s interference, the white collar crime would not have been committed. The best defense in a white collar crime case is dependent on the particular facts and circumstances of the case and an experienced attorney can best advise as to which defense should be used.

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What are the defenses to white collar crime?

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