Falsifying Business Records in the First Degree –New York Penal Law 175.10
As noted on the main section of Falsifying Business Records, a savvy prosecutor has the ability to take a relatively small misdemeanor and bump the allegation up to a much more serious felony. An “E” felony punishable by up to four years in state prison, Falsifying Business Records in the First Degree occurs when you commit Falsifying Business Records in the Second degree AND when your intent to defraud involves further criminal intent to either hide the commission of another crime or to assist in the commission of that other crime. Because of this, additional, and potentially more serious crimes, are often part of a Falsifying Business Records case including Grand Larceny, Forgery and Criminal Possession of a Forged Instrument.
An example of felony Falsifying Business Records in the First Degree is as follows:
You alter excel spread sheet records of the employer’s business that the employers uses daily. You do this to cover up the theft of only $100. What would have only been a Petit Larceny of $100, and likely a slap on the wrist, is now an “E” felony punishable by state prison.
As briefly noted on the main page of Falsifying Business Records, it is an affirmative defense, pursuant to New York Penal Law 175.15, if the falsification was made by an employee without personal gain at the behest of a supervisor.
As New York white collar criminal defense lawyers and former Manhattan prosecutors who managed, investigated and prosecuted significant white collar schemes involving Falsifying Business Records, Forgery, Grand Larceny and Criminal Possession of a Forged Instrument, the partners at Crotty Saland PC understand the gravity of these allegations and have the experience to ascertain and mount your defense.
For extensive information on New York white collar crimes including Falsifying Business Records, please review the New York White Collar Crime section of Crotty Saland PC’s website. Additional information, including legal decisions, criminal statutes and cases in the news, can be found on the New York Criminal Lawyer Blog.
Call us at (212) 312-7129 or contact us online today to discuss your case and possible defenses.