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Last Updated on: 26th July 2023, 10:10 pm
In this post we’re going to extrapolate on charges involving false written documents in the New York penal code. But before we get into that, let’s first define some of the terms involved.
Now that we’ve gotten the definitions out of the way, let’s get into the charges. You’re guilty of falsifying business records in the second degree when you make or cause a false entry in the business records of an enterprise, or alter or destroy a true entry of an enterprise, or omit a true entry in the business records, or prevent the making of a true entry or cause the omission of it. This crime is punishable as a class A misdemeanor.
The first degree of this crime is when you commit the preceding crime and your intent to defraud includes also an intent to commit another crime, or else conceal a crime. This charge is a class E felony.
Keep in mind that it is an affirmative defense if you’re a clerk, bookkeeper or other employee who executed your employer’s orders.
You’re guilty of this crime when you knowingly remove, mutilate, destroy, or otherwise make a false entry in order to knowingly tamper with the records. This crime is a class A misdemeanor.
This charge is the same as the preceding, but involves knowingly tampering with the records of a public servant. This one is a class D felony.
To be guilty of this you’d have to register or record a written instrument that you know contains a false statement or false information. This charge is punished as a class A misdemeanor.
This is similar to the previous charge, but with the addition that you have the intention to defraud the state or any political subdivision and then offer this to some sort of public servant with the knowledge or else the belief that it’ll be filed with or become part of the records of someone in public office, or if you commit this crime in the second degree and then the instrument involved is a financing statement that’s covered under certain sections of the law. Committing this crime will land you a class E felony.
You’re guilty of this crime when you’re a public servant and you issue this kind of instrument with the intention of defrauding someone. This is punishable as a class E felony.
Lastly we come to issuing a false financial statement. You’re guilty of this when you knowingly make a written instrument that purports to describe the financial condition of someone and it’s inaccurate, or if you represent that a written instrument is accurate to someone’s financial condition, whereas you know that it’s inaccurate. This crime is punishable as a class A misdemeanor.
As you can see that wasn’t quite so difficult as you might’ve thought it was going to be. When you take the complicated letter of the law and simplify it down to terms that make more sense in conversational language, the problem of describing the law becomes negligible. We hope that this post helped you to better understand the state of New York’s penal law, and we hope you’ll stay tuned for more posts to come.
In this comprehensive post, we will explore the captivating and relevant topic of charges related to falsifying written documents under the New York Penal Code. Before delving into the nitty-gritty details of each charge, let’s first embark on a journey into the essential definitions that will help us navigate the complex legal landscape.
|Falsifying Business Records in the Second Degree||You can be charged with this crime if you make or alter a false entry, or intentionally destroy or omit a truthful entry, in the business records of an enterprise.||Class A Misdemeanor|
|Falsifying Business Records in the First Degree||To be charged with this, you must commit the second-degree crime, but with the added intent to commit or conceal another crime.||Class E Felony|
|Tampering with Public Records in the Second Degree||A person is guilty of this crime if they knowingly manipulate, mutilate, destroy, or attempt to make a false entry in public records.||Class A Misdemeanor|
|Tampering with Public Records in the First Degree||This charge involves knowingly tampering with the records of a public servant, making it more serious than the second-degree charge.||Class D Felony|
|Offering a False Instrument for Filing in the Second Degree||Charged when a person knowingly files a written instrument containing false statements or information.||Class A Misdemeanor|
|Offering a False Instrument for Filing in the First Degree||Similar to the second-degree charge, but with an additional intent to defraud the state or political subdivision. This can also involve offering a false instrument to a public servant, believing it will be filed or become part of public records.||Class E Felony|
|Issuing a False Certificate||When a public servant intentionally issues a fraudulent certificate with the motive of defrauding someone, they can be charged with this crime.||Class E Felony|
|Issuing a False Financial Statement||A person is guilty if they knowingly provide an inaccurate financial statement or knowingly claim an inaccurate statement to be true.||Class A Misdemeanor|
An important aspect to remember is that being a clerk, bookkeeper, or other employee who follows a superior’s orders does provide an affirmative defense against falsifying business records charges.
As you can see, deciphering legal matters doesn’t have to be as daunting as you might have initially thought. By simplifying the complexities within the law and using conversational language, we can now better understand these fascinating legal charges under the New York Penal Code. We hope this enrapturing post has enlightened you and urge you to stay tuned for more enthralling content to come.
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