Posted on September 30, 2018

Orange County Tax Evasion Attorney

Have you been charged or are under investigation for a tax crime? Retaining an experienced Orange County tax evasion attorney may be one of the most important decisions you make. Tax evasion is a serious white collar offense that many lawyers are unfamiliar with. The Law Offices of John D. Rogers has a proven track record defending clients with white collar crimes in both state and federal court. Call us to schedule a free confidential consultation – early retention of a skilled attorney can make the difference of spending time in jail or having the case deflected altogether at its investigative stage.

Financial Crime

Overview of California Tax Evasion Laws

Tax evasion is charged under California Revenue & Tax Code 19706[1] making it unlawful for a business or individual to withhold money, failure to report, or deliberately hide revenue that must be disclosed or paid to the state of California. It is characterized as a fraud crime since a material element is that you specifically intended to defraud the Government. It is not uncommon for someone to be investigated or additionally charged with grand theft, money laundering, or perjury.

In order to a person is guilty of tax evasion under RT 19706, the Government must prove:

  1. You supplied information, verified, signed, or rendered a statement or tax return to the Franchise Tax Board;
  2. The information you provided was false or fraudulent;
  3. You knew the information was false or fraudulent;
  4. You harbored the intent to violate a legal duty to accurately report;
  5. You intended to unlawfully evade paying taxes.[2]

Tax evasion is a wobbler, making it punishable as either a felony or misdemeanor. A felony charge is ordinarily based on the amount withheld. For instance, an aggravating amount likely leads to felony charges where a small amount is usually filed as a misdemeanor. A felony conviction carries a state prison sentence of 16, 2, or 3 years. However, a misdemeanor conviction carries a sentence of 12 months in the county jail. The court may also impose a fine up to $20,000.

Contact an Experienced Orange County Tax Evasion Attorney

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Tax crimes can be a very complex area of the law requiring a meticulous examination of financial documents, prior tax returns, bank statements, or interviewing witnesses. Accordingly, retained an experienced Orange County criminal defense lawyer is critical when addressing white collar crime charges. Contact the Law Offices of John D. Rogers today to schedule a free confidential consultation concerning your rights and defenses.

 

 

Footnotes:

[1] CA Rev. & Tax Code 19706 defined: “Any person or any officer or employee of any corporation who, within the time required by or under the provisions of this part, willfully fails to file any return or to supply any information with intent to evade any tax imposed by Part 10 (commencing with Section 17001) or Part 11 (commencing with Section 23001), or who, willfully and with like intent, makes, renders, signs, or verifies any false or fraudulent return or statement or supplies any false or fraudulent information, is punishable by imprisonment in the county jail not to exceed one year, or in the state prison, or by fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment, at the discretion of the court, together with the costs of investigation and prosecution.”

[2] See CALCRIM No. 2812: https://www.justia.com/criminal/docs/calcrim/2800/2812/

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