Last Updated on: 15th October 2023, 12:19 pm

New York False Statement Laws

There are several New York laws that prohibit making false statements, including perjury statutes and laws prohibiting filing false documents.

False Written Statements

Under New York Penal Law § 210.45, a person can be charged with a Class A misdemeanor for Making a Punishable False Written Statement when they knowingly make a false statement in a written document that contains a notice that false statements are punishable.

For example, this charge could apply if someone files a false criminal complaint or signs a false affidavit. The false statement must be made intentionally.

False Statements to Law Enforcement

Lying to law enforcement officers can be prosecuted under various state and federal laws. For example:

• Under New York Penal Law § 240.50, knowingly reporting false information about an alleged offense to law enforcement is a Class A misdemeanor.
• 18 U.S. Code § 1001 makes it a federal crime to knowingly make false statements in any matter within the jurisdiction of the federal government. This carries penalties of up to 5 years in prison.

Defenses to False Statement Charges

There are several potential defenses if you have been accused of making a false statement:

• The statement was literally true. If the statement was technically true, then you cannot be convicted of making a false statement.
• You did not act “knowingly.” These crimes require prosecutors to prove you knew the statement was false. Mistakes, errors, or inaccurate memories are not criminal acts.
• The statement was not material. False statements must be material, or relevant, to the proceeding to be considered criminal perjury or false statements. Minor inaccuracies may not meet this standard.
• Your right against self-incrimination. You cannot be compelled to provide information that would implicate yourself in a crime.
• Statute of limitations. There are time limits on how long after an alleged false statement charges can be brought.

An experienced criminal defense lawyer can review the details of your case and build the strongest defense arguments to fight the charges.

Consequences of a False Statement Conviction

Being convicted of making false statements, perjury, or filing false documents can result in:

• Jail time – These crimes are misdemeanors or felonies under New York law, punishable by up to 7 years in prison depending on the degree of the charges.
• Fines – Courts can impose fines of thousands of dollars for each offense.
• Probation – Terms of probation can include community service and suspension of certain rights.
• Criminal record – These crimes result in a permanent criminal record that can affect employment, loans, and other matters.
• Immigration issues – False statement convictions may trigger deportation proceedings for non-citizens.
• Professional discipline – Lawyers, doctors, nurses, government employees and others may face professional license suspensions.

The consequences can be severe, so fighting the charges is critical.

How a NYC Criminal Defense Lawyer Can Help

If you have been accused of making a false statement or filing a false document in New York, it is essential to engage an experienced NYC false statements defense attorney as soon as possible. A knowledgeable lawyer can help by:

• Conducting an independent investigation of the allegations
• Identifying improper police procedures or flaws in the prosecution’s case
• Advising you of your rights and defense options
• Negotiating with the prosecution to get charges reduced or dismissed
• Fighting the charges at trial if necessary
• Helping mitigate penalties and consequences if convicted

Do not wait to seek legal counsel if you have been arrested or could be under investigation. An NYC false statements lawyer can protect your rights, freedom and future. Consider contacting defense attorneys like [Law Firm Name] for a free case evaluation and legal strategy consultation.