Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Law in the Media

View All

Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

NY Penal Law 175 Falsifying Business Records

By Spodek Law Group | June 7, 2016
(Last Updated On: July 26, 2023)

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.

Definitions of terms.

  • When we say enterprise, we mean an entity of one or more people who are engaged in business, political, or some other kind of activity.
  • Business record is any writing or article that’s maintained by an enterprise to reflect on its condition or activity.
  • A written instrument is an instrument or article, including data or a program that contains some sort of printed matter used for recording information that can be used for the advantage or disadvantage of someone.

Falsifying business records in the second degree.

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.

Falsifying business records in the first degree.

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.

Falsifying business records; defense.

Keep in mind that it is an affirmative defense if you’re a clerk, bookkeeper or other employee who executed your employer’s orders.

Tampering with public records in the second degree.

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.

Tampering with public records in the first degree.

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.

Offering a false instrument for filing in the second degree.

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.

Offering a false instrument for filing in the first degree.

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.

Issuing a false certificate.

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.

Issuing a false financial statement.

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.

Gain a Deeper Understanding of New York Penal Code Crimes Involving False Written Documents

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.

Clarifying Important Legal Terms

  • Enterprise: An enterprise is either a singular person or a group of individuals who are actively involved in business, political, or other ventures.
  • Business record: A business record encompasses any written documentation or article maintained by an enterprise, which highlights the company’s condition or activity.
  • Written instrument: This refers to an instrument or article, including data or software, that features printed matter to record information that could potentially benefit or harm an individual.

Delving into the Charges Related to Falsifying Written Documents

Charge Description Classification
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

Affirmative Defense for Falsifying Business Records

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.

An Engaging and Simplified Approach to Understanding the Law

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.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!