New Jersey Law Makes Falsifying or Tampering with Records a Crime

New Jersey has a law, Section 2C:21-4 of the state’s criminal code, that makes falsifying or tampering with records illegal. This law applies to both individuals and businesses, and covers actions like falsifying, destroying, removing, concealing or altering records or documents. The purpose of the law is to prevent and punish deception and fraud.

What Does the Law Cover?

The law covers any kind of written record or document, including both physical and electronic records. Some examples of records covered by Section 2C:21-4 include:

• Business records like financial statements, invoices, inventory logs, etc.
• Medical records at hospitals, clinics, doctor’s offices
• Government records such as licenses, registrations, tax documents
• Academic records like transcripts, diplomas, test scores
• Legal records including contracts, court filings, evidence
• Personal records like bank statements, tax returns, insurance claims

The law bars both individuals and organizations from falsifying, destroying, hiding or altering these records to deceive or harm others, or to cover up wrongdoing.

For example, a business owner could be charged for changing sales numbers in financial reports to get a bank loan. Or a person could face charges for modifying an old paystub to show higher income when applying for a mortgage.

Penalties Under the Law

The penalties for violating Section 2C:21-4 depend on the specifics of the offense:

• 4th degree crime: Falsifying most records is a 4th degree crime. This is the lowest level felony in NJ, punishable by up to 18 months in prison and fines up to $10,000.
• 3rd degree crime: Issuing a false financial statement under oath is upgraded to a 3rd degree crime. This mid-level felony can bring 3-5 years in prison and fines up to $15,000.

The degree of the crime and punishment is increased for offenses involving larger dollar amounts or additional violations. For example, health care claims fraud over $1,000 is a 2nd degree crime under Section 2C:21-4.3.

In addition to fines and jail time, a conviction can also bring probation, community service, loss of certain licenses or certifications, and a permanent criminal record.

Defenses Against Charges

There are often good defenses against accusations of falsifying or tampering with records. An experienced criminal defense lawyer can evaluate the evidence and build an effective defense to fight the charges.

Some possible defenses include:

• Lack of intent – Prosecutors must prove you knowingly falsified records with intent to deceive. Evidence showing an error or oversight rather than purposeful deception may defeat charges.
• Unauthorized changes – If someone else altered records without your knowledge or permission, you may avoid liability.
• Recordkeeping practices – Demonstrating records were kept according to standard business or industry practices could weaken accusations of falsification.
• Statute of limitations – Charges filed after the statute of limitations expires may be subject to dismissal.
• Unlawful search – If police obtained records through an illegal search, the evidence may be suppressed.

An experienced criminal defense attorney can carefully examine the facts of your case, build defenses, and represent your best interests in fighting accusations of falsifying or tampering with records. Don’t hesitate to seek legal help if facing charges under Section 2C:21-4 or related offenses. The consequences for a conviction are too severe, and an effective defense is critical.

Related Offenses

In addition to falsification of records, New Jersey law contains a number of related statutes concerning fraud and deception, found in Chapter 2C:21 of the criminal code:

• Forgery – Forging another person’s signature or altering documents without authority is illegal forgery under Section 2C:21-1. Penalties vary based on the type of document forged.
• Insurance Fraud – Providing false information on an insurance application or claim is insurance fraud. Charges and penalties depend on the dollar value under Section 2C:21-4.6.
• Identity Theft – Using someone else’s personal identifying information to obtain credit, services or other benefits is identity theft under Section 2C:21-17.

The exact charges brought will depend on the nature of the offense and records involved. An attorney can advise on potential penalties and defense options.

Protecting Your Rights

Facing accusations of falsifying or tampering with records can have severe professional and personal consequences. The criminal justice system can be complex and intimidating without experienced legal guidance.

If questioned by police or charged under Section 2C:21-4 or related statutes, it is critical to invoke your right to an attorney immediately. An skilled lawyer can protect your rights, build defenses against allegations, and give you the best chance of avoiding fines, prison time and a criminal conviction. Don’t jeopardize your future by trying to handle these very serious charges alone.