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Mark I. Cohen, ESQ. NYC Criminal Attorney

Defending Against False Statement Charges

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Both state and federal laws are against people making false statements. Therefore, be very wary of making false statements of any kind. If found guilty of the crime of making a false statement, you could end up in jail.

It is crucial to note that it is not just private citizens who can be charged and convicted of the crime of making a false statement. Law enforcement officers and government officials are other common categories of individuals that can be charged and convicted of the crime of making a false statement.

New York Laws Against Making False Statements

At the state level, the offense of making a false statement is codified under New York Penal Law Section 210.45. According to New York law, you make a false written statement when you knowingly make a statement, through writing, you believe not to be true.

In New York, such a criminal offense is generally a Class A misdemeanor. However, the crime of making a false statement can also be charged as a Class E or D felony in New York. A Class A misdemeanor, for instance, is punishable by up to one year in jail, three years in probation, and/or a fine.

Federal Laws Against Making False Statements

According to 18 U.S. Code § 1001, a person commits the federal offense of making a false statement when they knowingly and willfully make a materially false, fraudulent, or fictitious statement in any matter under the jurisdiction of the Government of the United States of America. According to federal law, committing such an offense can attract a jail sentence of up to five years. However, if the crime of making a false statement involves terrorism, it could attract a jail term of up to eight years. Sometimes, making a false statement on a federal level can even lead to a person spending more than eight years in jail. For example, if the matter relates to the criminal offense of sexual abuse, a defendant risks spending more than eight years in prison.

Defending Against False Statement Charges

If you are being charged with making a false statement either on a state or federal level, you should not hesitate to consult a qualified criminal defense attorney. An attorney can defend you against these charges.

There are several defenses to a false statement charge. For example, if yours is a federal case, your attorney could argue that your statement is not material. Under federal law, for a person to be found guilty of the offense of making a false statement, the statement in question must be “material.” A material statement is generally one that is relevant enough or important to the subject matter. On the other hand, whether yours is a state or federal case, if you did make a false statement, your attorney could argue that you did not “knowingly” make the false statement. If, for example, you made a false statement because you remembered the facts inaccurately, you are not guilty of the crime of making a false statement.

Contact an NYC False Statement Crime Attorney

If you are being accused of making a false statement on a state or federal level, contact the experienced and dedicated NYC false statement crime attorney, Mark I. Cohen, Esq. today, to schedule a consultation and discuss your case.

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