NYC False Statement Crime Attorney
Be very wary of making a false statement of any kind in New York or you could be facing criminal charges. Making a false written statement is considered to be a form of perjury, and a conviction can result in actual jail time. Most people associate perjury with lying on the witness stand during a trial, but perjury actually just means to lie under oath. That means that when you sign a false statement, like in a criminal complaint, it is another type of perjury.
False statements can be made by a variety of different people, not just private citizens. Law enforcement officers and government officials are both other common categories of people who are capable of committing perjury. New York’s criminal code details the different types of perjury.
If you have been accused of making a false statement, you need a New York City false statement attorney on your side. The potential charges you are facing will vary based on the circumstances surrounding the false statement. And, if the false statement is made to a federal agency, it could be subject to federal prosecution and sentencing.
New York State Penal Code
Being charged with making a false statement is covered under New York State Penal Law §210.45, which states that it can be a Class A misdemeanor. The sentence for this could be up to year in jail, a fine, and three years of probation. In the event that you make the false statement on a written document that requires you to take an oath and the statement was intended to mislead a public servant, it becomes a Class E felony. Testimony made under oath that is false is perjury, and is a Class D felony called perjury in the first degree.
Federal False Statements
Making a false statement on a federal level is covered under 18 U.S.C. §1001, which states you could be facing up to five years in a federal prison. Under certain circumstances, you might even be facing up to eight years. Making a false statement to a federal agent can include someone from agencies like the FBI, SEC, DEA, IRS, or the U.S. Attorney’s Office. Making a false statement doesn’t require that you be under oath when the statement was made. Even if you made it during an informal questioning, you can still be charged.
To prevail on federal charges of making a false statement, the government is required to prove that the defendant knowingly and willingly made a materially fictitious, false, or fraudulent statement that relates to a matter that falls under the jurisdiction of a U.S. federal agency or department and there was knowledge that the statement was fraudulent, fictitious, or false.
Defense to Making a False Statement
Making an innocent mistake or remembering a set of facts inaccurately does not mean it necessarily rises to the charge of making a false statement. Making a false statement “knowingly” is a key element in determining whether or not to charge you with making a false statement. Another viable defense to a charge of making a false statement is that the information is actually true. If you can prove that it was true, you would not be found guilty of making a false statement.
Contact a New York City Criminal Defense Attorney Today
If you were charged with making a false statement and/or perjury on a state or federal level, contact Mark I. Cohen, Esq.today to schedule an initial consultation.
