Criminal Defense Lawyers

Can You Be Charged with a Crime for Making False Statements in New York?

Can You Be Charged with a Crime for Making False Statements in New York?

At Spodek Law Group, we understand that facing accusations of making false statements can be a frightening and confusing experience. As experienced criminal defense attorneys, we’re here to help you navigate this complex legal situation. The short answer is yes – in New York, you can absolutely be charged with a crime for making false statements in certain circumstances. However, the specifics matter greatly, and there may be strong defenses available depending on the details of your case.

Understanding False Statement Laws in New York

New York takes false statements very seriously, especially when they interfere with government operations or investigations. There are several statutes that criminalize different types of false statements:

Falsely Reporting an Incident (NY Penal Law 240.50, 240.55, 240.60)

This law makes it illegal to report false information about crimes, catastrophes, or emergencies to law enforcement or other officials. It can be charged as a misdemeanor or felony depending on the circumstances.For example:

• Calling in a fake bomb threat
• Falsely reporting a fire
• Making a false report of child abuse

Making a Punishable False Written Statement (NY Penal Law 210.45)

This misdemeanor charge applies when someone knowingly makes a false statement in a written instrument that they file or submit to a public office.Examples might include:

• Lying on a government application or form
• Submitting false information in a police report
• Providing false details in an insurance claim

Offering a False Instrument for Filing (NY Penal Law 175.30, 175.35)

This can be a misdemeanor or felony charge for knowingly submitting false written statements or records to a public office with the intent to defraud.Potential scenarios include:

• Submitting falsified business records to a regulatory agency
• Filing false tax documents
• Providing fake credentials or licenses

Perjury (NY Penal Law 210.00 – 210.15)

Perjury involves knowingly making false statements under oath. The severity of the charge depends on the materiality of the false statement.Common perjury situations:

• Lying while testifying in court
• Making false statements in a sworn affidavit
• Providing false information in a deposition

Potential Penalties for False Statements in New York

The consequences for making false statements can be quite serious in New York. Here’s an overview of potential penalties:

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-24

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It’s important to note that these are maximum sentences. The actual penalty in any given case will depend on the specific circumstances, criminal history, and other factors.

Defenses Against False Statement Charges

If you’ve been accused of making false statements, don’t lose hope. There are often strong defenses available, and our experienced attorneys at Spodek Law Group know how to build a compelling case. Some potential defenses include:

1. Lack of Intent: Many false statement laws require that you knowingly made a false statement. If you genuinely believed the information was true, even if it turned out to be false, that could be a strong defense.
2. Materiality: For some charges, like perjury, the false statement must be material (important) to the matter at hand. If the statement was inconsequential, it might not meet the legal threshold.
3. Recantation: In some cases, if you quickly correct a false statement before it causes harm, you may have a defense.
4. Constitutional Violations: If law enforcement violated your rights during the investigation or arrest, it could lead to evidence being suppressed or charges dismissed.
5. Mistaken Identity: In some situations, you may have been wrongly identified as the person who made the false statement.
6. Coercion: If you were forced or pressured into making a false statement, that could be a valid defense.

Why You Need an Experienced Attorney

Facing charges for making false statements is NOT something you should handle alone. The laws are complex, and the consequences can be severe. At Spodek Law Group, we have a deep understanding of New York’s false statement laws and a proven track record of successfully defending clients against these charges.Here’s how we can help:

• Thorough Case Analysis: We’ll carefully review all evidence and circumstances surrounding the alleged false statement.
• Strategic Defense Planning: Based on the specifics of your case, we’ll develop a tailored defense strategy.
• Negotiation with Prosecutors: In many cases, we can negotiate for reduced charges or alternative resolutions.
• Courtroom Advocacy: If your case goes to trial, we’ll provide aggressive and skilled representation.
• Protection of Your Rights: We’ll ensure that your constitutional rights are protected throughout the legal process.

Don’t let a false statement charge derail your life. Contact Spodek Law Group today at 212-300-5196 for a free consultation. We’re here to fight for you and protect your future.

The Importance of Honesty in Legal Matters

While we’re here to defend you if you’re accused of making false statements, it’s crucial to understand the importance of honesty in all legal matters. False statements can have far-reaching consequences beyond just criminal charges. They can damage your credibility, impact civil proceedings, and even affect your personal and professional relationships.At Spodek Law Group, we always advise our clients to be truthful in their dealings with law enforcement, government agencies, and the courts. However, we also recognize that mistakes happen, misunderstandings occur, and sometimes people find themselves in difficult situations where they feel pressured to be less than truthful.If you’re ever in a situation where you’re unsure about what to say or do, remember that you have the right to remain silent and the right to an attorney. It’s often best to exercise these rights and consult with a lawyer before making any statements that could potentially be used against you.

Real-World Examples of False Statement Cases

To illustrate how these laws play out in practice, let’s look at some anonymized examples from our case files:

1. The Panicked Parent: A mother, worried about her teenage son’s behavior, called the police and falsely reported that he had stolen her car. She later admitted she just wanted to “scare him straight.” She was charged with Falsely Reporting an Incident, but we were able to negotiate for her to complete a diversion program instead of facing criminal penalties.
2. The Desperate Job Seeker: A client submitted a job application with a state agency, claiming he had a college degree he hadn’t actually earned. He was charged with Offering a False Instrument for Filing. We successfully argued that he made an impulsive mistake due to financial desperation, and he received probation rather than jail time.
3. The Mistaken Witness: During a robbery investigation, our client gave a detailed description of a suspect she thought she saw. It later turned out she was mistaken, and she was briefly investigated for Making a Punishable False Written Statement. We were able to demonstrate that she genuinely believed her statement was true at the time, and no charges were ultimately filed.

These cases highlight the nuanced nature of false statement charges and the importance of skilled legal representation.

How Spodek Law Group Can Help You

If you’re facing accusations of making false statements in New York, don’t wait to get help. The sooner you have experienced legal counsel on your side, the better your chances of a favorable outcome.At Spodek Law Group, we bring a wealth of experience and a track record of success to every case we handle. We understand the stress and uncertainty you’re facing, and we’re here to guide you through every step of the legal process.Our approach includes:

1. Free Initial Consultation: We’ll review your case and explain your options at no cost.
2. Immediate Action: We’ll quickly intervene to protect your rights and begin building your defense.
3. Comprehensive Investigation: We’ll gather all relevant evidence and interview witnesses as needed.
4. Clear Communication: We’ll keep you informed and involved throughout your case.
5. Aggressive Advocacy: Whether in negotiations or in court, we’ll fight tirelessly for the best possible outcome.

Remember, being accused of making false statements doesn’t mean you’re guilty. With the right legal team on your side, you can fight these charges and protect your future.Don’t let false statement charges control your life. Contact Spodek Law Group today at 212-300-5196. Let us put our experience and dedication to work for you.