The base level crime for all Residential Mortgage Fraud offenses, Residential Mortgage Fraud in the Fifth Degree, pursuant to New York Penal Law 187.05, is a fairly straight forward offense. Although not a felony like each and every other degree of Residential Mortgage Fraud found in Article 187 of the New York Penal Law, NY PL 187.05 is a misdemeanor punishable by up to one year in jail. If convicted, a defendant could spend that one year in a county jail. However, a New York criminal lawyer experienced in defending white collar crimes may be able to diminish the sentence in the event you are convicted. In New York City, that jail is Rikers Island. Outside of Manhattan, Brooklyn, Queens and the Bronx, in Westchester County, for example, a defendant would spend his or her jail time in the Westchester County Jail.
Simply stated, you are guilty of Residential Mortgage Fraud in the Fifth Degree if and when you commit a residential mortgage fraud as that term is defined in New York Penal Law 187.00(4). In general, this occurs when you intentionally, and with the intent to defraud, prepare or present a written statement that you know is false or contains false information. Additionally, factual information must be concealed or false in order to mislead another person or business on certain factual matters. Lastly, you must also know that the written statement will be used in certain ways such as for the solicitation of a residential mortgage loan application or for the underwriting or closing of a residential mortgage loan.
Only a brief assessment of the base level Residential Mortgage Fraud crime in New York, a review of this website and the main Residential Mortgage Fraud information page is a valuable tool for anyone seeking to further educate themselves on these crimes. With this information, you and your criminal attorney will have the means to assess the facts and allegations against you while implementing a defense that you both believe is viable and strong.
To further read about the associated crimes involving such offenses as Grand Larceny and Falsifying Business Records, either follow the highlighted links to this website or our main website at CrottySaland.Com. Additionally, both the NewYorkTheftAndLarcenyLawyersBlog.Com and NewYorkCriminalLawyerBlog.Com each have a wealth of information on white collar statutes, legal decisions and cases in the media.
Do not compound the grave legal situation that confronts you. Get help now. Protect yourself today and preserve your life tomorrow.
Contact the New York Criminal Defense Lawyers & Mortgage Fraud Attorneys Online or at 212.312.7129 Now.