There is very fine line between felony and misdemeanor conduct when you are charged with Falsifying Business Records. If you violate New York Penal Law 175.05 and you had another objective to steal or hide a theft, your cover up or actual crime (it can be any crime and not just a theft) would enhance the Falsifying Business Records to a felony offense. Why is this significant? Because instead of facing up to one year in jail you would now face up to four years in prison. With a little investigation and effort by the police NYPD or District Attorney’s Office, your Desk Appearance Ticket charging Second Degree Falsifying Business Records could turn into a felony complaint or at least felony allegations when you see the judge for your arraignment.
Falsifying Business Records as a crime is not a difficult offense to commit. Something seeming relatively innocuous may be far from it. You try to cover up missing work so you change or delete a record. You stole some money so you delete, alter, or add to an invoice. Not only is this a violation of NY PL 175.05, it may actually be a felony offense with a sentence of up to four years in prison.
Irrespective of practical application, the crime of Second Degree Falsifying Business Records occurs when you have the intent to defraud you (1) make or cause to be made a false entry in the business records of an enterprise; or (2) alter or erase an entry in the business records of an enterprise; or (3) You omit to make a true entry in these same records when you have a duty not to do so and you know of this responsibility; or (4) prevent the making of a true entry in the business records of an enterprise and you cause the omission of these otherwise true and accurate entry.
New York Penal Law 175.05 is an “A” misdemeanor with a sentence of up to one year in jail.
All arrests are ugly, embarrassing and potentially career crippling. However, the ostrich defense of sticking your head in the sand never works. Fortunately, there is a defense built into the New York Penal Law regarding Falsifying Business Records. While a little more than what can be explained here, if you committed this crime without an financial or other benefit and at the behest of a person who was otherwise authorized to be your boss in these matters, then you very well might have a defense to the crime.
At bottom, Falsifying Business Records, much like Forgery and Criminal Possession of a Forged Instrument, can have irreversible effects on your immigration and career. Explaining this conviction to FINRA or ICE will be a real challenge.
Don’t let be a victim of ignorance and fear. Educate yourself on this crime. Speak with experienced counsel. Put yourself in the best position to stay free from incarceration and a mangled career.
Call us at 212.312.7129 or contact us online today to speak with our New York City criminal defense attorneys and former Manhattan prosecutors about misdemeanor Fraud and Falsifying Business Records Crimes.