Criminal Tax Fraud in the Fifth Degree, pursuant to New York Tax Law 1802, is fairly straight forward. If you commit a tax fraud act, as defined by the statute, then you are guilty of this crime. The lowest level Criminal Tax Fraud crime, NY TL 1802 is a misdemeanor punishable by up to one year in jail. Although it is distinct crime from the other degrees of Criminal Tax Fraud, it is the basis of those greater offenses. Generally speaking, it is relatively rare that Criminal Tax Fraud in the Fifth Degree is the top or most serious count on a criminal complaint.
As straight forward as this crime may be, in order to understand whether you have perpetrated Criminal Tax Fraud in the Fifth Degree or any other degree, you must understand what constitutes a "tax fraud act." Some examples of tax fraud acts include supplying materially false information on a tax return, withholding sales tax or even issuing a false certificate evidencing a claim that taxes do not apply to a particular transaction. To be clear, while monetary value is directly relevant to other degrees of Criminal Tax Fraud, as long as you commit a tax fraud act, you are guilty of this crime even if the value or monetary damage is pennies or nothing at all.
For most individuals charged with Fifth Degree Criminal Tax Fraud it is not so much the potential incarceratory sentence that you may face, but what a conviction for such a crime will do to your future in terms of licenses, certifications and career opportunities. The devastating consequences that extend well beyond the courtroom alone are reason enough to not merely consult with, but to retain an experienced criminal lawyer versed in theft and larceny crimes.
To better under Criminal Tax Fraud in New York, please review the main Criminal Tax Fraud section on this website. Furthermore, to learn more about the other crimes associated with Criminal Tax Fraud such as Grand Larceny, Falsifying Business Records and Offering a False Instrument for Filing, please review the CrottySaland.Com website. In addition to these resources, the NewYorkCriminalLawyerBlog.Com and NewYorkTheftAndLarcenyLawyersBlog.Com contain analysis of statutes, legal decisions and newsworthy cases directly relevant to white collar crimes in New York.
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