In the realm of New York white collar crimes and New York theft crimes, there may be some offenses equal to Residential Mortgage Fraud in the First Degree in terms of potential punishment, but certainly none greater. A “B” felony, New York Penal Law 187.25 is punishable by a minimum of one to three years and a maximum of eight and one third to twenty five years in prison. This sentence range is for someone who has absolutely no criminal history. If this is not your first felony interaction with the law and you are a predicate felon, then you would face a minimum of four and one half to nine years and a maximum of twelve and one half to twenty five years in state prison. Not that any criminal case should be taken lightly, but without the assistance of an experienced criminal lawyer, an arrest or indictment for NY PL 187.25 as well as any other degree of Residential Mortgage Fraud can quickly spiral out of control.
Regardless of the degree of Residential Mortgage Fraud, the main premise is the same. That is, you are guilty of this crime if you intend to defraud and do so by leaving out or entering false information that is material to obtaining a loan, for example, for residential real property. Furthermore, you must these fraudulent papers containing the misrepresentation in attempting to or actually securing the loan. Only a brief definition of this crime, to fully understand what constitutes an act of Residential Mortgage Fraud and how the base level offense of Residential Mortgage Fraud in the Fifth Degree is constructed, review Crotty Saland PC’s information section through the highlighted links.
With an understanding of this crime, potential defenses and degrees of punishment, it is also critical to grasp how the First Degree offense differs from the lesser degrees. There, the answer is fairly simple. If the monies you allegedly obtained as a result of the fraud exceeds $1 million, then Residential Mortgage Fraud in the First Degree is the crime that prosecutors will charge.
Keep in mind that although a defense to Residential Mortgage Fraud may exist in any given case, this crime rarely stands alone in the New York courts. Many New York criminal lawyers who regularly handle theft and larceny crimes of this nature see other offenses as part of an investigation, arrest, indictment or trial. These crimes can include:
Whatever the allegation may be or how the value or aggregation of differing frauds occurred, do not compound your potential defenses or future liberty by proceeding ill informed and without proper criminal counsel. Give yourself a basic education of the law of Residential Mortgage Fraud, the legal definitions in the statute and codified defenses by reviewing the Residential Mortgage Fraud information page. Follow the highlighted links above and read the NewYorkCriminalLawyerBlog.Com, the NewYorkTheftAndLarcenyLawyersBlog.Com and our main website at CrottySaland.Com. Combined, these resources can provide you with the base knowledge necessary to vet your case and analyze your defenses today while setting yourself up to protect your future well beyond tomorrow.
Contact the New York Criminal Defense Attorneys & Former Manhattan Prosecutors Online or at 212.312.7129 Now.