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Offering a False Instrument for Filing in the Second Degree (NY Penal Law 175.30)

Offering a false instrument for filing in the second degree is defined by New York Penal Law section 175.30. To be guilty of offering a false instrument for filing in the second degree, you must knowingly present a written instrument containing untruthful information to a public servant or office that will become a public record.

Making Sense of New York Penal Law Section 175.30

written instrument includes printed or computer written information, or indication of a value, symbol, privilege, right, or identification, used to convey or record information that can bring gain or disadvantage to a person.

A public servant is any person who is designated or elected as a public official employed by the government, state, or any political subdivision within.

To be charged with offering a false instrument for filing in the second degree you must “knowingly” submit false information that will become a public record. This means you are aware the information you are presenting to a public servant or office is fully or partially untruthful.

The bottom-line: Offering a false instrument for filing in the second degree means you are aware you are presenting untruthful information to a public employee or office, and the false information can bring gain or disadvantage to a person and may become public record.

Classification of New York Penal Law Section 175.30

According to New York Penal Law, offering a false instrument for filing is a Title K offense. A Title K offense is an offense involving fraud—a white-collar crime.

New York State Penal Law, Article 10, describes a misdemeanor as a criminal offense. Misdemeanors are classified in three ways: class A, class B, or unclassified.

Offering a false instrument for filing in the second degree is classified as a class A misdemeanor.

Conviction, Sentencing, and Punishment

Under New York Penal Law, the criminal consequence of a class A misdemeanor conviction can include jail sentencing of 15-days to one-year or three-years of probation.

In addition to sentencing, New York state class A misdemeanor convictions can result in a fine up to $1K or double any value gained by committing the fraud offense.

The criminal consequences imposed by the court will vary depending on your unique case. In determining your punishment, the court will consider additional factors including your criminal history and whether you committed multiple offenses at the time of your current charge. You may be penalized more severely in criminal court if additional unfavorable factors are involved in your case.

Understanding ‘Guilty’

Under New York Penal Law, to be charged with offering a false instrument for filing in the second degree, you are not required to intend to defraud. If you knowingly present untruthful information to a public employee or office, and the false information can bring gain or disadvantage to a person and may become public record, you can be charged with offering a false instrument for filing in the second degree.

If you are charged and convicted of offering a false instrument for filing in the second degree in the state of New York, you will be criminally penalized under class A misdemeanor guidelines and your unique circumstances.

To be charged and convicted of offering a false instrument for filing in the second degree, the court must find you guilty of the criminal offense. To be found guilty of offering a false instrument for filing in the second degree, the prosecution must present evidence to prove, beyond a reasonable doubt, you committed the four elements of this criminal offense including (1) you presented a written instrument that was fully or partially untruthful, (2) the false written instrument was presented to a public employee or office, (3) the false written instrument was able to become public record, and (4) you knowingly offered the false instrument for filing.

If the prosecutor succeeds in proving the four elements of New York Penal Law section 175.30 and the court finds you guilty of offering a false instrument for filing in the second degree, the court will charge you with the white-collar crime—a class A misdemeanor.

If the prosecutor fails to use evidence to prove you are guilty, beyond a reasonable doubt, of offering a false instrument for filing in the second degree, and the court does not find you guilty of the criminal offense, you will not be charged with the class A misdemeanor.

The Best Outcome for Your Case

White collar crimes are notorious for heavily impacting white-collar criminals as well as people in the offenders’ lives and those disadvantaged or targeted by the crimes. Because of this, courts take offenses of fraud seriously. If you are facing a charge or were charged with offering a false instrument for filing in the second degree, you need an experienced criminal attorney to encourage the best outcome for your case by advocating for your freedom. Examples of products which are often made fraudulently are waist trainers, shoes, etc.

We are defense lawyers specializing in promoting your case, countering arguments and evidence by the prosecution, and proving your innocence. We will mitigate any unique factors associated with your case like multiple crimes or a criminal history, and defend you against an offering a false instrument for filing in the second degree charge.

Let us make your case the strongest in the courtroom. Contact us today.

by Leonard on Spodek Law Group
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