Falsifying Business Records
While not as commonly prosecuted as Forgery, Grand Larceny or Criminal Possession of a Forged Instrument, Falsifying Business Records in the First and Second Degrees, New York Penal Law sections 175.10 and 175.05 respectively, are extremely serious offenses. In fact, New York criminal defense attorneys experienced in representing clients for Falsifying Business Records and other white collar crimes can explain how easy it is for a savvy prosecutor to bump up a less serious crime into a felony case.
Maybe you entered information incorrectly into a database at work. You deleted or changed some old documents related to accounts receivable. Maybe you just changed some numbers around on some bills or receipts, but you were going to rectify it as soon as you were able. Before you could fix those errors, you found yourself either under arrest or subject to an investigation by law enforcement or your employer for Falsification of Business Records and/or related charges because prosecutors believe that you had the intent to defraud someone else.
- Falsifying Business Records in the Second Degree – NY Penal Law 175.05
- Falsifying Business Records in the First Degree – NY Penal Law 175.10
Like many other statutes found in the New York Penal Law, the legal language in Falsifying Business Records has some specifically defined words that may have an impact on your case. Two of these words are “enterprise” and “business record.” Equally important is the affirmative defense found in the New York Penal Code whereby one is not guilty of this crime if one is an employee acting by order of a supervisor and is obtaining no benefit to alter the records. Each of these words and defenses makes up critical elements to the crime of Falsifying Business Records and factors you should discuss with your New York criminal defense attorney.
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.