Nobody likes a liar or a person who distorts the truth. There will be repercussions if someone enters any precinct in the City of New York or a neighborhood police station in Westchester or Rockland counties and plainly reports something that didn’t happen, regardless of whether they are “white lies” or deliberate and wicked falsehoods. These effects are frequently criminal quite frequently. When detectives from the NYPD or another law enforcement agency make an arrest, you might not immediately contact a criminal attorney, but the seriousness of offering a false instrument for filing in the second degree, which is punishable under New York Penal Code 175.30, cannot be overstated.
Element Of Second Degree Offering A False Instrument For Filing
When you deliberately participate in specific fraudulent behavior, you are guilty of Providing a Fake Instrument for Filing in the Second Degree (PL 175.30). You must present a fake statement or a written document to a public office or employee while also being aware that the information on the document is incorrect. This is different from merely providing a document with false information on it. The remark in concern is frequently, but not always, a complaint to the police or another law enforcement body.
When you filed or offered this written instrument, you knew or reasonably believed that it would eventually be formally recorded in some way so that it would become part of the public record. This is another element that prosecutors must prove beyond a reasonable doubt in order to obtain a conviction for PL 175.30. Remember that while PL 175.30, offering a false instrument for filing, is unquestionably a fraud felony, neither the district attorney in the area prosecuting the case nor the NYS Attorney General must show that you intended to defraud when you committed the crime.
Penalties For Offering A False Instrument For Filing In The Second Degree
Class “A” misdemeanor offering a false instrument for filing in the second degree carries a maximum one-year prison sentence. Convictions from the Bronx, Manhattan, Brooklyn, and Queens will land you on the Island, also known as Rikers, where the NYC Department of Prisons and your fellow inmates will greet you with open arms, whether you serve one week, one month, or one year.
Although incarceration is not required and your criminal defense lawyer may be able to prevent it—or even a conviction—a misdemeanor cannot be expunged from your record, and the sentencing judge has other choices besides locking you up. Options include conditional discharge, community service, penalties, and probation.
Providing a False Instrument for Filing in the Second Degree is a serious violation regardless of the circumstances or the exact accusations. You may have started off with an unintended misstatement or an angry error that you were unable to retract, but now you find yourself backed into a corner and forced to fight your way out. Simply put, you owe it to yourself to present the strongest defense possible in the face of an arrest under New York PL 175.30, a desk appearance ticket in New York City, or an investigation.
Learn about the criminal justice system so that you can build the strongest defense possible with lawyers ready to defend your future.
Hiring A New York Lawyer For False Instrument for Filing in the Second Degree
If you have been accused of filing a false instrument in the second degree in New York, it is essential to hire a qualified attorney to defend you in court. A false instrument is a legal term that refers to any written document, including contracts, deeds, or checks, that has been fraudulently created or altered to deceive someone. Filing such an instrument can result in serious consequences, including criminal charges and civil lawsuits.
Hiring a New York lawyer who specializes in false instrument cases can be the best decision you make. The first step in hiring an attorney is to research their qualifications and experience. Look for a lawyer who has experience with similar cases and has a proven track record of success. You may want to consider hiring an attorney who is familiar with the specific court where your case will be heard.
Your lawyer will work with you to gather evidence and build a strong defense. They will analyze the evidence against you and identify any weaknesses in the prosecution’s case. They will also work with experts, such as forensic accountants or handwriting analysts, to help build your defense. Your lawyer will explain your options and guide you through the legal process, ensuring that you understand the charges against you and the potential consequences.
In addition to building a defense, your attorney will also negotiate with the prosecution to try to reduce the charges or penalties against you. They may also negotiate a plea deal if that is in your best interest. If your case goes to trial, your attorney will represent you in court and present your case to the judge or jury.