NY Grand Larceny and Falsifying Biz Docs

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NY Grand Larceny and Falsifying Biz Docs

Charged with GL 3rd. Waived to GJ in November. Nothing until today. Indicted AND charges of Falsifying Biz Docs (5x) added. GL 3rd should be eliminated/reduced to a Misdemeanor since I have evidence that most was not stolen but due.Falsifying Biz Docs stems from the direct instruction of my employer.What is the best defense? Best options for plea deal?ALSO: I moved halfway across the country for work. How, if at all, do you feel this would effect my case?

Asked on May 13, 2009 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are facing serious charges here.  First off, § 155.35 Grand larceny in the third degree is a class D felony. It is punishable by up to 7 years in prison and hefty fines.  If you think that you have a defense to this great, but don't just assume that it will be "eliminate/reduced".
   

As for falsifying business documents, according to New York Penal Law,  if you are charged with falsifying business records in the second degree, you could be facing up to 90 days in jail along with fines, community service and other penalties.  A second degree offense is classified as a misdemeanor in New York.  If you are charged with this same offense in the first degree, enhanced punishments will apply.  You could spend up to four years in prison for a second degree offense conviction.  A first degree business record falsification charge is a class E felony.  And you have 5 counts against you.

Additionally, if you are charged with falsifying business records, you could be charged with other crimes in conjunction with the falsifying offense.  For example, if records were altered resulting in the business paying less in federal or state taxes, you could also be charged with tax fraud.  

As you can see, you are in serious trouble.  You need to get a New York attorney who specializes in white collar crime.  He can best advise you as to what is your best defense as well as making any kind of plea deal.  As for your moving out-of-state, I seriously doubt that this will affect your case one way or the other as long as they don't interpret this as fleeing the jurisdiction.  Again get your self an attorney ASAP.  I really don't know what you are waiting for.

 


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