new york penal law 210 45 making a punishable false written stat
Understanding NY Penal Law 210.45 – Making a Punishable False Written Statement
In New York, making false written statements to authorities can lead to criminal charges under NY Penal Law 210.45. This statute makes it illegal to knowingly make false statements in certain written documents. Let’s take a closer look at this law, potential sentences, and legal defenses.
What is Making a Punishable False Written Statement?
According to NY Penal Law Article 210, a person is guilty of making a punishable false written statement when they knowingly make a false statement in a written document bearing an authorized form saying false statements are punishable[1]. For example:
- Lying on an official police report
- Making false statements in an affidavit or deposition
- Providing false information on government applications
The false statement must be made knowingly and intentionally. Simply making a mistake would not constitute a crime under this statute.
Penalties for Making a Punishable False Written Statement
Making a punishable false written statement is a Class A misdemeanor in New York[2]. Potential penalties if convicted include:
- Up to 1 year in jail
- Up to $1,000 in fines
- Probation up to 3 years
- Permanent criminal record
While a misdemeanor, a conviction can still carry jail time plus impact future employment and other opportunities due to having a record[1].
Defenses to Making a Punishable False Written Statement
Some potential defenses to NY Penal Law 210.45 charges include[5]:
- You did not make the false statement knowingly or intentionally
- The statement was not actually false
- You reasonably believed the statement was true at the time
- You did not author the document containing the statement
- You were coerced into making the false statement
An experienced criminal defense attorney can evaluate the evidence and determine the strongest defense strategy for your case.
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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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2024-02-24
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What to Do If Charged with Making a False Written Statement
If facing accusations of making a punishable false written statement in New York, key steps include:
- Decline to answer any questions until you have legal counsel
- Hire an experienced criminal defense attorney right away
- Follow your lawyer’s advice about responding to investigators or making further statements
- Work closely with your lawyer to construct your defense
- Attend all required court appearances until your case resolution
- Avoid any legal issues while out on bail that could impact your case
Finding the Right Lawyer for Your Case
When facing charges under NY Penal Law 210.45, key traits to seek in a lawyer include[6]:
- Experience defending false statement and perjury charges
- Knowledge of both state and federal false statement laws
- Track record getting charges reduced or dismissed pre-trial
- Willingness to take your case to trial if necessary
- Strong negotiation skills to secure a favorable plea deal if applicable
- Responsive communication and accessibility
Don’t leave your future up to chance. An experienced criminal defense lawyer can protect your rights and build the strongest case possible if accused of making a punishable false written statement in New York.
Sources:
- [1] https://criminaldefense.1800nynylaw.com/new-york-penal-law-210-45-making-a-punishable-false-written-stat.html
- [2] https://www.federallawyers.com/criminal-defense/new-york/new-york-penal-law-210-45-making-a-punishable-false-written-statement/
- [3] https://ypdcrime.com/penal.law/article210.php
- [4] https://law.justia.com/codes/new-york/2014/pen/part-3/title-l/article-210/210.45
- [5] https://casetext.com/statute/consolidated-laws-of-new-york/chapter-penal/part-3-specific-offenses/title-l-offenses-against-public-administration/article-210-perjury-and-related-offenses/section-21045-making-a-punishable-false-written-statement
- [6] https://www.dupeelaw.com/criminal-defense-attorney/false-statement-defense/