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Falsifying Business Records in the Second Degree – New York Penal Law 175.05

January 31, 2019
Falsifying Business Records in the Second Degree – New York Penal Law 175.05
New York Penal Law 175.05: Falsifying Business Records in the Second Degree
According to New York Penal Law 175.05, falsifying business records in the second degree is a Class A misdemeanor. It is a criminal charge that typically involves an individual altering or destructing business records. While this is not a felony offense, if an individual is convicted of this charge, it will never be able to be expunged from his or her criminal record. There are a number of subsections that fall under falsifying business records in the second degree, but the penalty for each subsection is the same.The Subsections of Falsifying Business Records in the Second Degree
New York Penal Law 175.05: Subsection One
An individual will be charged with this subsection if he or she has intended to defraud an enterprise through falsifying business records.

New York Penal Law 175.05: Subsection Two
An individual will be charged with this subsection if he or she intended to defraud a business by deleting or destroying business records.

New York Penal Law 175.05: Subsection Three
An individual will be charged with this subsection if he or she intended to defraud a business by failing or omitting to make an entry into a business’s records knowing that he or she has a duty by law or duty of position to make a true entry.

New York Penal Law 175.05: Subsection Four
An individual will be charged with this subsection if he or she makes a false entry or omits an entry into the business records of an enterprise.

What are the Penalties for Falsifying Business Records in the Second Degree?
If an individual is convicted of a Class A misdemeanor, he or she will face up to one year in jail. Aside from a jail sentence, an individual convicted of falsifying business records in the second degree could face probation, monetary fines, and community service.

Defense to Falsifying Business Records in the Second Degree
An applicable defense to this charge would be if you were an employee, such as a bookkeeper or clerk, who acted under the direct orders of a supervisor, and you did not have any personal benefit in your actions. This defense is explained in New York Penal Code 175.15.

What is an Example of Falsifying Business Records in the Second Degree?
There are a number of instances that can cause a prosecuting attorney to take action against an individual for falsifying business records in the second degree. One example is when an individual attempts to cover up a mistake that he or she made at work, so the individual deletes certain payments for services or products. However, if an individual attempts to delete or omit records with the intent of stealing money from his or her place of employment, then an individual could be charged with falsifying business records in the first degree, which is a Class E felony offense. The penalties for a Class E felony is up to four years in prison, monetary fines, and probation.

Why You Need a White Collar Criminal Defense Attorney When Charged With Falsifying Business Records in the Second Degree
Falsifying business records is a white collar crime, and although these crimes are non-violent in nature, they still pose serious consequences. In addition, there are many innocent individuals who are victim to accusations and charges of falsifying business records. The best course of action for those who have been accused of this offense is to contact a criminal defense attorney with experience handling white collar crimes.

If you or someone that you know has been arrested and charged with falsifying business records in the second degree, contact our law office for a consultation. Our legal team has more than 100 years of combined experience protecting the rights of those accused of crimes.

Criminal Defense FAQs
When you’re up against criminal charges, you have questions. It’s important to learn all that you can about the criminal process and the charges that you’re facing. Here’s are the FAQs about your criminal defense in New York:

Am I convicted just because I’m charged with a crime?

No, you are not convicted of a crime simply because you’re charged with a crime. If you’re arrested or otherwise brought to court to answer for allegations of a crime, you’re presumed innocent until the case resolves either through a plea, dismissal or jury verdict. The police alone do not have the authority to convict someone of a crime. You have a right to defend yourself aggressively when you face New York criminal charges.

How do I get out of jail after I’m charged with a crime in New York?

You get out of jail by posting a bond or bail amount and complying with the terms of bond. In most cases, the court makes you post an amount of bond as a guarantee that you’re going to appear at future court proceedings. The amount of bond generally depends on the severity of the case, but you may be able to influence the amount by telling the judge that you have ties to the community and employment to maintain while you await developments in the case. There may also be other conditions of bond to address like drug testing requirements or requirements to avoid certain people or locations.

What defenses are available in my criminal defense case?

The defenses that you should assert in your criminal defense case depend on the exact circumstances. Not every defense applies in every case. Here are some criminal defenses that you might use in your case:

  • Witnesses did not have a good vantage point to see or hear what happened
  • Witnesses may be mistaken
  • Witnesses may have biases that influence their testimony
  • The police violated your rights when they went about the investigation
  • The police failed to follow procedures when they investigated your claim
  • Improper handling of evidence
  • Necessity; prevention of a more serious harm
  • Self-defense
  • Someone else threatens you into taking certain actions
  • Mistake of fact
  • Entrapment

There are different ways to assert each defense. The exact facts and legal arguments to present in your case are specific to the entire circumstances that are present and the defenses that are viable in your case. It’s important to begin building your defenses as soon as you’re aware that you’re facing charges.

What are the possible penalties for a criminal offense in New York State?

An offense may be a misdemeanor or a felony. A felony has a maximum possible punishment of more than one year in state prison. A misdemeanor has a maximum possible punishment of up to one year in jail. The judge has discretion for how much jail time they sentence someone to serve if they’re convicted of a crime. Here are some of the possible penalties that you can face if you’re convicted of a crime:

  • Jail time
  • Probation
  • Fines
  • Restitution
  • Court costs
  • Alcohol and drug assessments
  • Court-ordered counseling
  • Drug and alcohol monitoring
  • Loss of your driver’s license
  • Any other reasonable penalty or rehabilitative program

There may be collateral consequences to a criminal conviction that you should also carefully consider. You may lose your job, occupational license or legal immigration status. A trained New York criminal defense attorney can help you understand all of the possible consequences so that your decisions are informed.

What can I do to fight the criminal charges in my case?

To fight the criminal charges in your case, it’s important to address each aspect of the case as it arises. As soon as you’re arrested, you need to begin preparing how you’re going to respond. Beginning preparation early can be critical to ensuring that you prepare a strong defense that includes challenging the state’s case and demonstrating why you deserve consideration from the state’s attorney.

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