Offering a False Instrument for Filing in the Second Degree

Nobody like someone who lies and misrepresents the truth. Whether “white lies” or malicious and nefarious falsehoods, when a person walks into any precinct in the City of New York or a local police station in Westchester or Rockland counties and blatantly reports something that did not happen, there will be consequences. Often times, these ramifications are criminal. While a criminal lawyer may be your first call when detectives from the NYPD or another police agency make an arrest, the severity of Offering a False Instrument for Filing in the Second Degree, New York Penal Law 175.30, cannot be understated.

The Elements of Second Degree Offering a False Instrument for Filing

One of the many white collar crimes handled by the New York criminal lawyers at Crotty Saland PC, NY Penal Law section 175.30 is defined as follows:

You are guilty of Offering a False Instrument for Filing in the Second Degree, PL 175.30, when you knowingly engage in certain conduct of a fraudulent nature. More than merely presenting a written instrument containing false information or a fake statement, you must do so knowing that the information contained in or on that statement is actually false and still present this written instrument to a public office or public servant. Often, but not exclusively, the statement in question is a complaint to the police or other law enforcement agency.

One additional element that prosecutors must prove beyond a reasonable doubt to secure a conviction for PL 175.30 is that when you filed or offered this written instrument you know or had the assumption that it would ultimately be formally recorded in some manner as to become part of the public record. Keep in mind, although Offering a False Instrument for Filing is no doubt a crime of fraud, neither the District Attorney in the jurisdiction prosecuting the case nor the NYS Attorney General need to prove that you had an intent to defraud when perpetrating PL 175.30.

Penalties for Offering a False Instrument for Filing in the Second Degree

Offering a False Instrument for Filing in the Second Degree is a class “A” misdemeanor punishable by up to one year in jail. In any borough of New York City, whether you serve one week, one month or one year, convictions originating out of the Bronx, Manhattan, Brooklyn and Queens will land you on the Island, aka, Rikers, where the NYC Department of Corrections and your fellow inmates will welcome you with open arms.

While incarceration is not mandatory and your criminal defense attorney may successfully avoid imprisonment, or for that matter a conviction at all, not only can a misdemeanor never be erased from your record, a sentencing judge has multiple options beyond putting you behind bars. Probation, community service, fines and a conditional discharge are all options.

Whatever the circumstances, and irrespective of the specific allegations, Offering a False Instrument for Filing in the Second Degree is a serious offense. What may have started off as an angry mistake that you could not back away from or an unintentional misrepresentation, now you are in stuck in the corner fighting your way out. Simply, you owe it to yourself to put forth the best defense against a New York PL 175.30 arrest, Desk Appearance Ticket in NYC, or investigation.

Educate yourself on the criminal law and arm yourself with the strongest response with attorneys prepared to protect your future. When there is no substitute for knowledge, experience and advocacy, remember that the NYC criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC are ready to lead you forward with their knowledge, experience and advocacy as your guide.

Call us at (212) 312-7129 or contact us online today to discuss your case and possible defenses.

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