Last Updated on: 15th October 2023, 09:31 am

NYC Criminal Tax Prosecutions Criminal Lawyers

Tax fraud and tax evasion charges in New York City can lead to serious criminal penalties. If you are being investigated or charged with tax crimes, it is critical that you retain an experienced New York criminal tax defense lawyer to protect your rights. This article provides an overview of common NYC tax crimes, potential defenses, and how a knowledgeable attorney can help.

Tax Fraud Crimes in New York

There are several criminal tax fraud charges under New York State Tax Law Article 18 that prosecutors commonly pursue:

• Criminal Tax Fraud in the Fifth Degree (NY Tax Law 1802) – a class A misdemeanor punishable by up to 1 year in jail for tax fraud under $3,000
• Criminal Tax Fraud in the Fourth Degree (NY Tax Law 1803) – a class E felony with up to 4 years in prison for tax fraud of $3,000 to $10,000
• Criminal Tax Fraud in the Third Degree (NY Tax Law 1804) – a class D felony with up to 7 years in prison for tax fraud of more than $10,000
• Criminal Tax Fraud in the Second Degree (NY Tax Law 1805) – a class C felony with up to 15 years in prison for tax fraud of more than $50,000
• Criminal Tax Fraud in the First Degree (NY Tax Law 1806) – a class B felony with up to 25 years in prison for tax fraud of more than $1 million

Frequently Charged Federal Tax Crimes

In addition to New York state charges, the IRS and federal prosecutors often pursue charges for:

• Tax Evasion (26 USC 7201) – punishable by up to 5 years in prison
• Filing a False Return (26 USC 7206) – up to 3 years in prison
• Failure to File a Tax Return (26 USC 7203) – up to 1 year in prison
• Conspiracy to Defraud the IRS (18 USC 371) – up to 5 years in prison

The complexity of the US Tax Code means there are many potential charges prosecutors can bring. Hiring an experienced federal tax crime lawyer is essential.

Potential Defenses in Tax Fraud Cases

There are several possible defenses a knowledgeable New York tax fraud attorney may be able to assert in your defense, such as:

• You lacked the requisite intent to commit tax fraud
• There were errors on your taxes, but no intentional wrongdoing
• You relied on a tax professional and had no intent to break the law
• There are statute of limitations issues barring prosecution
• The aggregation of tax fraud counts is improper
• There are violations of your constitutional rights
• The evidence against you is insufficient

How a New York Tax Fraud Lawyer Can Help

If you are being audited or investigated for potential tax fraud, it is vital that you do not speak to investigators without an attorney present. Anything you say can be used against you.

A knowledgeable New York tax fraud lawyer can:

• Advise you of your rights and represent you during the audit or investigation
• Negotiate with prosecutors to minimize charges or have charges declined altogether
• Challenge any unconstitutional or improper investigative tactics
• Thoroughly analyze the prosecution’s evidence and exploit any weaknesses
• Develop and present the strongest defense arguments at trial
• Argue for the lowest possible sentence if convicted

When facing tax fraud accusations, you need an experienced criminal tax defense lawyer on your side. Do not leave your fate in the hands of prosecutors – a top NYC tax fraud attorney can protect your rights and freedom.