new york penal law 210 45 making a punishable false written stat

In New York, making false written statements to authorities can lead to criminal charges under NY Penal Law 210.45. This statute makes it illegal to knowingly make false statements in certain written documents. Let’s take a closer look at this law, potential sentences, and legal defenses.

What is Making a Punishable False Written Statement?

According to NY Penal Law Article 210, a person is guilty of making a punishable false written statement when they knowingly make a false statement in a written document bearing an authorized form saying false statements are punishable[1]. For example:

• Lying on an official police report
• Making false statements in an affidavit or deposition
• Providing false information on government applications

The false statement must be made knowingly and intentionally. Simply making a mistake would not constitute a crime under this statute.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

You submitted a written application to a New York state agency for a professional license, and you listed a degree you never actually completed. A few weeks later, investigators contacted you saying they verified your educational background and found discrepancies.

Can I really be charged with a crime just for putting incorrect information on a state application?

Attorney's Answer

Yes — under NY Penal Law § 210.45, making a punishable false written statement is a class A misdemeanor, which carries up to one year in jail and a fine up to $1,000. The statute applies when you knowingly make a false statement in a written instrument that you know is being submitted to a public servant or government agency in connection with an official function. However, a strong defense may focus on whether you acted 'knowingly' — if you genuinely believed the information was accurate, or if the document wasn't one bearing a notice that false statements are punishable, the charge may not hold. An experienced attorney can examine whether the written instrument meets the specific statutory requirements and whether the prosecution can prove your intent beyond a reasonable doubt.

This is general information only. Contact us for advice specific to your situation.

Penalties for Making a Punishable False Written Statement

Making a punishable false written statement is a Class A misdemeanor in New York[2]. Potential penalties if convicted include:

• Up to 1 year in jail
• Up to $1,000 in fines
• Probation up to 3 years
• Permanent criminal record