In fact, in a case involving Offering a False Instrument for Filing in the First Degree, an appellate court found that a person seeking to disrupt the government’s ability to administer the law acted with an “intent to defraud” even without any financial or personal benefit. While your objective may be to steal and often is, the law does not require a theft or attempted theft. Interpreted by various courts including the Court of Appeals, “intent to defraud” is an act or behavior where the goal is to lead another “into error or disadvantage.” People v. The term “intent to defraud” is clear on its face, but also complicated enough to require a more thorough or deeper analysis with your own criminal lawyer who is experienced in fraud related offenses. What elevates or increases this crime from a misdemeanor to a felony is when you present this written instrument you do so with the intent to defraud. Additionally, whether or not it is actually filed, registered or becomes party of that particular office’s, servant’s or authority’s record, you believe that such filing or registering will occur. You are guilty of Penal Law 175.35 if you knowingly have any type of written document or instrument that contains or has a false statement or information on its face, you then present it to a public authority, public servant, or public office. Simply, if you are charged with First Degree Offering a False Instrument for Filing, Penal Law 175.35, know that your exposure to incarceration and a felony record is very real, but prosecutors also have the additional burden of proving that your purported criminal conducted included an intent to defraud. Specifically, as it relates to any degree of Offering a False Instrument for Filing, it can mean the difference between being arrested for a misdemeanor crime and an indictment for a felony offense. Whenever an accused is charged with a crime involving the intent to defraud, criminal defense attorneys experienced in New York Penal Law Article 175 crimes must be on high alert.
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