In the State of New York, falsifying documents is a white collar crime that, in general, means to create, alter, or destroy a false business or public record with the intent to defraud. This can include things such as making a false entry, deleting a true entry, or omitting information that is required in a business record.
Falsifying documents in New York State can range from misdemeanor charges to felony charges, depending on the circumstances of the case. The categories of falsifying documents offenses in the state include:
- Falsifying Business Records in the Second Degree: This is a misdemeanor that happens when an individual, with the intent to defraud, creates, alters, or destroys business records.
- Falsifying Business Records in the First Degree: This is a felony that occurs when the defendant’s intent to defraud also includes the intent to aid, conceal, or commit another criminal offense.
- Offering a False Instrument for Filing: This offense can be a felony or a misdemeanor that arises when a defendant knowingly files a document that contains false information with a public official or office.
- Forgery in the Third Degree: This is a Class A Misdemeanor that occurs when a defendant falsely makes, alters, or completes a written instrument with the intent to defraud.
It is important to be aware that the intent to defraud does not require theft but, instead, the intent to mislead, deceive, or to cause disadvantage to another individual or party. There are numerous different types of documents that can be falsified, which often include, but are not limited to:
- State IDs
- Driver’s Licenses (commonly used to indicate someone is older than they really are)
- Personal checks
- Bank records
- Sales receipts
- Academic transcripts
- Business records
- Tax returns
Falsifying a document can also be included as part of a larger or more complicated criminal scheme, for example, tax evasion. To find out more about the specific charges that someone may face in New York for falsifying documents, it is important to reach out to a New York lawyer.
Actions That May Constitute Document Forgery Under New York Law
In the State of New York, as in other states, there are common examples of conduct that may be deemed forgery and be used to support falsification charges, including:
- Concealing assets or property
- Using official letterhead without permission
- Knowingly using or distributing a fake document to gain employment or to enter the country
- Misrepresenting or altering information
- Forging a signature of a document to receive services funds or services that the individual is not entitled to
Of course, this is not a complete list and many other actions can constitute falsifying a document, so long as the individual’s intent is to deceive the reader or recipient. For more information about whether conduct may be falsifying documents, it is important to schedule a New York lawyer consultation.
Legal Elements of Falsifying a Document in New York
The exact legal elements the prosecution will have to prove to convict a defendant of falsifying a document in New York will vary depending on the specific charges, which are listed above. Generally, the offense involves knowingly altering, presenting, or creating false information with the intent to defraud.
The intent to defraud is the crucial element that is needed for most of the falsification criminal offenses. Falsifying business records will be a misdemeanor unless it is engaged in to conceal another criminal offense, when it will become a felony.
A person can make mistakes on documents without facing criminal charges, so long as they did not intend to deceive. If, however, for example, they acted to defraud the IRS or another person or agency, they can face criminal charges. Forgery may also be used to engage in identity theft.
Criminal Penalties and Other Consequences for Falsifying Documents in New York
In New York, a defendant can face various penalties and consequences, both criminal and civil for falsifying documents, including:
- Forgery in the Third Degree: A Class A Misdemeanor punishable by up to one year in jail, up to $1,000 in criminal fines, and probation.
- Forgery in the Second Degree: A Class D Felony punishable by up to seven years in prison, up to $5,000 in criminal fines, and probation.
- Criminal Possession of a Forged Instrument in the Third Degree: A Class A misdemeanor punishable by up to one year in jail, up to $1,000 in criminal fines, and probation.
- Criminal Possession of a Forged Instrument in the First Degree: A Class C Felony punishable by five to 15 years in prison, up to $15,000 in criminal fines, and probation.
- Falsifying Business Records in the Second Degree: A Class A Misdemeanor punishable by up to one year in jail, up to $1,000 in criminal fines, and probation.
- Falsifying Business Records in the First Degree: A Class E Felony punishable by up to four years in prison, criminal fines up to $5,000, and probation.
A convicted defendant may also be required to pay restitution to compensate the victims. Convicted defendants can also face immigration consequences, as fraud-related offenses are classified as crimes that involve moral turpitude, which can result in deportation (removal) or inadmissibility.
When someone is convicted of a felony, it may be difficult for them to obtain a clear criminal record. When someone has a felony on their criminal record, it can prevent them from getting loans, housing approvals, school acceptance, jobs, being able to vote and own firearms, and having visitation and custody rights with their children.
In addition to criminal issues, an individual can also face civil lawsuits for monetary damages based on the fraud. Fraud can also cause a contract to be deemed void and unenforceable.
Legal Defenses To Document Forgery Charges in New York
There may be available legal defense to forgery criminal charges in New York State. A defendant may argue that they believe they had the authority to sign a document.
In cases of tax evasion, if a defendant negligently provided the IRS with incorrect information, they can argue they reasonably relied on information they received from a tax expert. If a defendant is charged with possession of a falsified document, they can argue they did not know they were falsified.
When To Contact a New York Lawyer for Falsifying Document Charges
If you are facing charges related to falsifying documents in the State of New York, it is very important to contact a New York fraud lawyer. As discussed above, these charges can result in serious legal consequences, even a felony conviction in certain situations.
Your fraud lawyers can review your case, protect your rights, and present all defenses that are available in your case. Your New York attorney will also be able to negotiate with the prosecution on your behalf for a plea deal or reduction in the charges against you.
If you believe you have been a victim of fraud in New York, you should report the issue to local law enforcement as soon as you become aware. A New York personal injury lawyer can help you file a claim in court if you need to file a civil lawsuit to recover damages for fraud that was perpetrated against you.
LegalMatch offers free, convenient, and confidential lawyer-client matching services that you can take advantage of in as little as 15 minutes today to find a New York licensed lawyer in your area who is ready to help with your fraud concern or criminal charges.
