Tallahassee Defense Law Firms Explain How to Beat Tax Evasion Charges
Getting charged with tax evasion can be scary. The penalties are steep, and it can ruin your reputation. But with the right defense, you can fight the charges and protect yourself. As defense attorneys here in Tallahassee, we’ve successfully defended many clients against tax evasion allegations. Here’s our advice on how to beat these charges.
What Constitutes Tax Evasion?
Tax evasion involves intentionally trying to avoid paying taxes that you rightfully owe. There’s a difference between tax evasion and tax avoidance (which is legal). Tax evasion often involves:
- Not reporting income
- Inflating deductions
- Hiding money in offshore accounts
- Using shell companies or trusts to obscure ownership
Actions like these allow people to underpay or avoid paying taxes. The IRS and prosecutors take tax evasion very seriously, so you need an experienced defense if you’re accused.
Common Defenses Against Tax Evasion Charges
There are viable defenses that we can use to fight tax evasion charges. Some of the most common and effective defenses include:
You Didn’t Willfully Commit Tax Evasion
For a tax evasion conviction, prosecutors must prove you willfully evaded paying taxes. If your actions were accidental mistakes or negligence instead of deliberate cheating, we can fight the charges. For example, maybe you trusted a dishonest tax preparer who falsified your returns. That’s not willful evasion on your part.
No Tax Deficiency
Another defense is showing the IRS made mistakes in saying you owe more taxes. We can dispute the claimed tax deficiency, arguing there was confusion about complex tax laws. Or we can show you actually overpaid instead of underpaying. This undercuts the basis of the tax evasion charges.
You Relied on Professional Advice
It’s also a defense if you made errors in good faith by relying on a tax expert’s advice. For instance, if your accountant suggested tax strategies you followed in your returns, you may not have willfully evaded taxes. This can defeat charges of intentional tax evasion.
Procedural Defenses Against Tax Charges
Beyond disputing the factual tax evasion allegations, we also examine whether there were any procedural errors in your case. Constitutional rights violations and other mistakes during the investigation can lead to dismissal. Some procedural defenses include:
- Violations of your Fifth Amendment rights against self-incrimination
- Violations of your Fourth Amendment protections against unreasonable searches/seizures
- Prosecutorial misconduct
- Statute of limitations expiring
We scrutinize every aspect of your case looking for ways to get charges reduced or dismissed based on how the investigation was conducted.
Negotiating with Prosecutors to Reduce Charges
Many tax evasion cases end with plea agreements for lesser charges instead of going to trial. Prosecutors often start with aggressive charges hoping for a felony conviction. But they may back down and agree to misdemeanor tax charges in exchange for a guilty plea. This brings much lower penalties than a felony conviction.
As your attorneys, we’ll negotiate aggressively to get prosecutors to reduce charges. We’ll also fight to minimize any restitution you must pay the IRS. Our goal is securing the best possible resolution to your case.
What Penalties You Face for Tax Evasion Convictions
If convicted of tax evasion, either through a guilty plea or trial verdict, some potential penalties include:
- Up to 5 years in prison
- Fines up to $100,000
- Paying back taxes plus interest and penalties
- Loss of professional licenses
- Asset forfeiture
These high stakes make it critical to have us defend you and try to avoid conviction. Our defense strategies can often get charges dismissed completely or reduced significantly to limit penalties.
Let a Tallahassee Tax Evasion Defense Lawyer Help You
We understand the complexities of tax law and how to build strong defenses in evasion cases. If you’re under investigation or have been charged criminally, contact our Tallahassee firm immediately. We have successfully defended accountants, business owners, executives and others against allegations of tax evasion. With an aggressive defense, we can help you too.
Call us for a free consultation. We’ll evaluate your case and explain your defense options. Our experienced attorneys are here to protect your rights, freedom and financial future.
IRS: How to Know It’s Tax Evasion
NOLO: Tax Evasion vs. Tax Avoidance: Is the IRS Cracking Down on Evasion?
Department of Justice Tax Division
IRS: How Criminal Investigations Are Initiated