Criminal Defense Lawyers

Offering a False Instrument for Filing in the Second Degree (NY Penal Law 175.30)

Offering a false instrument for filing in the second degree is defined by New York Penal Law section 175.30. To be guilty of offering a false instrument for filing in the second degree, you must knowingly present a written instrument containing untruthful information to a public servant or office that will become a public record.

Making Sense of New York Penal Law Section 175.30

A written instrument includes printed or computer written information, or indication of a value, symbol, privilege, right, or identification, used to convey or record information that can bring gain or disadvantage to a person.

A public servant is any person who is designated or elected as a public official employed by the government, state, or any political subdivision within.

To be charged with offering a false instrument for filing in the second degree you must “knowingly” submit false information that will become a public record. This means you are aware the information you are presenting to a public servant or office is fully or partially untruthful.

The bottom-line: Offering a false instrument for filing in the second degree means you are aware you are presenting untruthful information to a public employee or office, and the false information can bring gain or disadvantage to a person and may become public record.

Classification of New York Penal Law Section 175.30

According to New York Penal Law, offering a false instrument for filing is a Title K offense. A Title K offense is an offense involving fraud—a white-collar crime.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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New York State Penal Law, Article 10, describes a misdemeanor as a criminal offense. Misdemeanors are classified in three ways: class A, class B, or unclassified.

Offering a false instrument for filing in the second degree is classified as a class A misdemeanor.

Conviction, Sentencing, and Punishment

Under New York Penal Law, the criminal consequence of a class A misdemeanor conviction can include jail sentencing of 15-days to one-year or three-years of probation.

In addition to sentencing, New York state class A misdemeanor convictions can result in a fine up to $1K or double any value gained by committing the fraud offense.

The criminal consequences imposed by the court will vary depending on your unique case. In determining your punishment, the court will consider additional factors including your criminal history and whether you committed multiple offenses at the time of your current charge. You may be penalized more severely in criminal court if additional unfavorable factors are involved in your case.

Understanding ‘Guilty’

Under New York Penal Law, to be charged with offering a false instrument for filing in the second degree, you are not required to intend to defraud. If you knowingly present untruthful information to a public employee or office, and the false information can bring gain or disadvantage to a person and may become public record, you can be charged with offering a false instrument for filing in the second degree.

If you are charged and convicted of offering a false instrument for filing in the second degree in the state of New York, you will be criminally penalized under class A misdemeanor guidelines and your unique circumstances.

To be charged and convicted of offering a false instrument for filing in the second degree, the court must find you guilty of the criminal offense. To be found guilty of offering a false instrument for filing in the second degree, the prosecution must present evidence to prove, beyond a reasonable doubt, you committed the four elements of this criminal offense including (1) you presented a written instrument that was fully or partially untruthful, (2) the false written instrument was presented to a public employee or office, (3) the false written instrument was able to become public record, and (4) you knowingly offered the false instrument for filing.

If the prosecutor succeeds in proving the four elements of New York Penal Law section 175.30 and the court finds you guilty of offering a false instrument for filing in the second degree, the court will charge you with the white-collar crime—a class A misdemeanor.

If the prosecutor fails to use evidence to prove you are guilty, beyond a reasonable doubt, of offering a false instrument for filing in the second degree, and the court does not find you guilty of the criminal offense, you will not be charged with the class A misdemeanor.

The Best Outcome for Your Case

White collar crimes are notorious for heavily impacting white-collar criminals as well as people in the offenders’ lives and those disadvantaged or targeted by the crimes. Because of this, courts take offenses of fraud seriously. If you are facing a charge or were charged with offering a false instrument for filing in the second degree, you need an experienced criminal attorney to encourage the best outcome for your case by advocating for your freedom. Examples of products which are often made fraudulently are waist trainers, shoes, etc.

We are defense lawyers specializing in promoting your case, countering arguments and evidence by the prosecution, and proving your innocence. We will mitigate any unique factors associated with your case like multiple crimes or a criminal history, and defend you against an offering a false instrument for filing in the second degree charge.

Let us make your case the strongest in the courtroom. Contact us today.