Just for the Trumptards, your Messiah is charged with 34 counts.
As addressed in the general information page detailing the two crimes ofFalsifying Business Records, a District Attorney - whether Manhattan (New York County), Brooklyn (Kings County), Queens, Westchester, Rockland or anywhere else - can elevate nominal misdemeanor conduct to an arrest for or allegation of First Degree Falsifying Business Records. A class "E" felony, New York Penal Law 175.10 is no minor matter. In fact, upon conviction a judge has the discretion to sentence you to multiple years in prison even if you have no criminal history. Far from a trifle accusation, should you find yourself charged with this offense or facing the prospect of a Grand Jury indictment or trial, consult withcriminaldefense counsel who can identify and implement your best defense.
FIRST DEGREE FALSIFYING BUSINESS RECORDS: DEFINITION AND ELEMENTSFalsifying Business Records in the First Degree occurs when you violate any of the four subsections of the lesser misdemeanor offense and an Assistant District Attorney can prove beyond a reasonable doubt additional elements. Coupling to the crime ofNew York Penal Law 175.05, prosecutors must establish that your intent to defraud involved further criminal intent to either hide the commission of another crime or to assist in the commission of that other crime. Because of this additional offense requirement, it is routine practice for prosecutors to charge potentially more serious transgressions alongside a Penal Law 175.10 case at the time of arrest or when the matter is presented to a Grand Jury. Although you should discuss the spectrum of felony and misdemeanor crimes you may face with your criminal defense attorney, these charges often include Grand Larceny, Forgery and Criminal Possession of a Forged Instrument.
As briefly noted on the main page of Falsifying Business Records, it is an affirmative defense, pursuant to New York Penal Law 175.15, if the falsification was made by an employee without personal gain at the behest of a supervisor. While this defense is an affirmative defense codified by statute, it is not the only defense likely or potentially available to you that you should pursue and examine with your advocate and counsel.
FIRST DEGREE FALSIFYING BUSINESS RECORDS: PENALTY AND PUNISHMENTAny felony crime is punishable or potentially sanctionable by more than one year in jail. This crime is no exception. Upon conviction, a court can sentence you to up to four years in prison. While incarceration is mandatory for predicate felons, if you do not have a felony in the previous ten years a judge can nonetheless "lock you up" for the same amount of time. However, the right legal advocate may also be able to secure a non-incarceratory sentence such as probation, community service, fines or some other pre-determined condition.
