Criminal defense lawyers skilled in New York Penal Code Article 175 crimes must be on high alert whenever an accused is charged with a crime including the intent to defraud. It can imply the difference between being arrested for a minor crime and being indicted for a criminal charge with regard to any level of offering a false instrument for filing. Simply put, if you are accused of First Degree Offering a False Instrument for Filing (Penal Law 175.35), know that the possibility of jail time and a criminal record exists, but that the burden of proof rests with the prosecution to show that your alleged criminal behavior included an intent to defraud.
Element Of Crime First Degree Offering A False Instrument For Filing
You violate Criminal Code 175.35 if you knowingly possess any kind of written document or instrument with a false statement or other information on it and submit it to a public official, employee, or office. Also, you anticipate that filing or registration will take place, regardless of whether it is actually done so or whether it ends up in that office’s, servant’s, or authority’s record. By presenting this written document with the purpose to defraud, you elevate or escalate this conduct from a misdemeanor to a felony.
Intent To Defraud
Although “intent to defraud” appears to be a simple concept, it is actually rather sophisticated and calls for further investigation by a criminal attorney who specializes in crimes involving fraud. According to the Court of Appeals and other courts, “intent to defraud” is defined as an action or behavior that aims to “guide another [into] error or disadvantage.” 50 N.Y.2d 302, 309 (1980) (concurring opinion) People v. Briggins (Jones, J.). The law does not need a theft or attempted theft, even though that may be your goal and is frequently the case.
In fact, an appellate court determined that a person acting with “intent to deceive” even in the absence of any financial or personal profit did so in a case concerning Providing a Fake Instrument for Filing in the First Degree.
- OFFERING A FALSE INSTRUMENT FOR FILING IN THE SECOND DEGREE
- OFFERING A FALSE INSTRUMENT FOR FILING NEW YORK
Penalties And Punishment For First Degree Offering A False Instrument For Filing
A class “E” felony is Penal Code 175.35. Prison is not required if you have never been in trouble with the law or at least have not committed a felony in the ten years prior. A judge may, however, impose a term of one and third to four years in prison. Alternative sentences include a “bullet” of one year or less in jail, probation, community work, a mix of local detention and probation, or any other type of conditional discharge. The mandatory minimum sentence, however, is one and a half to three years in jail, with a maximum sentence of two to four years, if you are a predicate criminal.
Any level of Providing a Fake Instrument for Filing an allegation requires a compelling defense in order to maintain your otherwise spotless record, career, professional license, and even immigration status. Can your criminal defense attorney rip the District Attorney’s indictment to shreds? How, for instance, are they proving that you were aware of the written instrument’s content, that you intended to commit fraud, and that the thing in question actually qualifies as a “written instrument”? Would a reduced misdemeanor prosecution or a complete dismissal of the charges be more suitable in this case?
There is no alternative to expertise, experience, and advocacy when you are accused of misbehavior that may – and will – ruin your future, regardless matter whether the allegation you are facing is the only count in a criminal complaint or an indictment.