First Degree Tampering With Public Records: New York Penal Code 175.25

by ECL Writer
Second Degree Tampering with Public Records

Tampering with Public records in the First Degree in accordance with New York Penal Code 175.25 is one of the most serious white-collar crimes that are prosecuted in New York outside of those involving thefts over $50,000 or $1 million. Simply put, after your arrest or indictment for violating NY PL 175.25, the prosecutors handling your case or the judge you stand before will make it painfully clear. Crimes of white-collar fraud against the state or the government shall be prosecuted vigorously and severely. Your New York criminal attorney should actually explain how this felony may be prosecuted in connection with other similarly serious charges if it hasn’t already.

Unlike falsifying business records, for instance, this felony requires that the amended paperwork was also submitted to a public agency, whether you work for the MTA, DMV, or any other governmental body. If you are found guilty of Tampering with Public Records in the First Degree and you have had no past contact with law enforcement, regardless of whether these instruments were time sheets, work orders, or other documents, you could receive a term of up to seven years in state prison.

In a nutshell, if you remove, conceal, destroy, or create a false entry into a record or other written instrument filed with a public office while knowing that you lack the power to do so and you do it with the intent to deceive, you are guilty of first-degree tampering with public records.

The requirement that you have the intent to defraud makes First Degree Tampering with Public Records different from the misdemeanor Second Degree Tampering with Public Records. Legal rulings have construed “intent to defraud” quite broadly and made it obvious that money or property need not be the basis or ultimate objective of your conduct, despite the fact that you must discuss and vet this factor with your criminal counsel. By merely making another mistake, one might prove intent to defraud.

Whether or not your intentions included this additional condition could be the difference between a reasonable outcome and a lengthy sentence. In either case, the seriousness and consequences of your choices could have a devastating effect on your family as well as your own future.

Defend your rights today to ensure a bright future. To assist you with all processes, speak with a lawyer.

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