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

  • January 31, 2019

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.

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