Falsifying Business Records
Economic strife can lead to desperate measures. Whether it is intentional or not, being charged with falsifying business records is extremely serious under New York law. In some cases it is embezzlement, and in others it is a simple misstep as in accounting. In either situation, the penalties can be severe and lifelong.
A person accused or arrested for falsifying business records can face personal and professional consequences. Your company, employer, or reputation may suffer due to the allegations. If you or someone you know was charged with falsifying business records, it is vital that you contact an experienced criminal defense attorney.
Attorney for Falsifying Business Records in Nassau County
Are you currently being investigated for falsifying business records? Do you not know what your next move should be? Do not be idle in this process. You must find an attorney who is familiar with the standards of proof necessary, and will fight to protect your civil rights.
Stephanie Selloni is a practiced criminal defense attorney who puts her clients first. Law Office of Stephanie Selloni is well-versed about the natures of white collar crime. She understands not only the laws that surround false written statements, but also her client’s extenuating circumstances. Stephanie Selloni is passionate about criminal defense. She makes it a priority to help guide you through this legal process.
Attorney Stephanie Selloni is notable in the legal community, with ties to law associations such as the Nassau County Criminal Courts Bar Association and the New York State Association of Criminal Defense Lawyers (NYSACDL).
Law Office of Stephanie Selloni defends those accused of falsifying business records throughout Nassau County and Suffolk County including the towns, villages and cities of Central Islip, Glen Cove, Mineola, Riverhead, and Hempstead.
Dial (516) 972-1212 to schedule a free consultation about your case with attorney Stephanie Selloni today.
Overview for Falsifying Business Records in Garden City, NY
Definition for Falsifying Business Records under New York Laws
New York’s Penal Law § 175.05 states the conditions a person must meet to commit the crime of falsifying business records. The following are the elements the prosecution must prove beyond a reasonable doubt to convict a person of falsifying business records.
A person is guilty of falsifying business records in the second degree when, with the intent to defraud, he or she:
- Makes or causes a false entry in the business records of an enterprise; or
- Alters, erases, deletes, obliterates, destroys, or removes a true entry in the business records of an enterprise; or
- Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he or she knows to be imposed upon them by law or nature of the position; or
- Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
Charges for falsifying business records can be enhanced based on circumstances. A person is considered guilty of falsifying records in the first degree if he or she did any of the following:
- Committed the crime of falsifying business records in the second degree; and
- When his or her intent to defraud includes an intent to commit another crime; or
- The purpose is to aid or conceal the commission of a crime.
New York Penal Law § 175.00 defines the term “enterprise” as any entity of one or more persons. The entity can be corporate, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political or governmental activity.
The term “business record” is defined under penal law as any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity. It can include computer data, or a computer program.
Penalties for Falsifying Business Records in Nassau County, NY
In New York, the penalty for falsifying business records is divided by the varying degrees. If a person falsifies business records for the sake of covering up a crime, the penalties are enhanced. Any person who is convicted of falsifying business records in the second degree will face a class A misdemeanor.
The maximum legal consequences for a class A misdemeanor include:
- A possible fine of up to $1,000; and
- Possible jail time for up to one year.
If the alleged offender is convicted of falsifying business records in the first degree the penalties are enhanced. A first degree falsifying business record charge can result in a class E Felony.
The maximum penalties for a class E felony include:
- Possible fine determined by the court; and
- Possible prison term up to four years.
Take note, there is an admissible defense for a person who is falsifying business records. A person is excused from the crime if he or she is a clerk, bookkeeper, or other employee who is merely executing orders. The orders must not benefit them and be given by his or her employer, superior officer, or employee who manages their activities.
Statutes of Limitations for Falsifying Business Records & Embezzlement in NY
The term “statute of limitations,” is basically legal jargon for a deadline. The statue of limitations of a criminal offense is a deadline for prosecutors to file formal charges. In New York, the statues of limitations are based on the offense level of the offense.
For falsifying business records to a second degree, a conviction will result in a Class A misdemeanor. All misdemeanors in New York have a statute of limitations for two years. On the other hand, falsifying business records in the first degree is a Class E felony. A felony offense statute of limitations is five years.
Additional Resources
New York Penal Law § 175.00 – Visit the official website for New York’s laws and regulations. Read the various legal language surrounding falsifying business records, tampering with public records, offering a false instrument for filing, and issuing a false certificate. Find more on the statutory definitions, and what makes a crime enhanced for false written statements.
Lawyer for Falsifying Business Records in Suffolk County
If you or someone you know has been charged or arrested with falsifying business records in the Long Island area, it is vital that you get in contact with an experienced criminal defense attorney.
Attorney Stephanie Selloni at Law Office of Stephanie Selloni is well-versed in all types of white collar crime throughout the hamlets and villages of New York. She is practiced in criminal defense with years of experience handling falsifying business records in New York criminal courts. Stephanie Selloni is compassionate with clients and aggressive in the courtroom. She understands the ins and outs of business crimes. Stephanie Selloni will use all possible routes of action to try and get you the best possible results.
Law Office of Stephanie Selloni represents clients throughout Nassau County and Suffolk County including Long Beach, Hempstead, Central Islip, and Glen Cove.
Call (516) 972-1212 or simply submit an online contact form for more information regarding your case.
This article was last updated on August 30, 2018.