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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  10+ years defending Misdemeanor and Felony cases.
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My brother had been charged with offering a false instrument

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My brother had been charged with offering a false instrument for filing (1st degree, 2 counts) contrary to the provisions of sec 175.35 of the penal law. It's his first offense. What's the worst we would expect and the ways to have it reduced to misdemeanor, if ever?

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand your concern. This is a class E felony and is punishable by up to 4 years in prison, along with fines and court costs. As a first time offender, it is not likely that he would face and jail or prison time but a probationary sentence could result if he were to take a plea deal, instead of going to trial. The only way it would be reduced would be pursuant to a plea deal and that would be something which he would need to work out with the State. His attorney can look over the facts and see if it could be reduced to 175.30 which is a misdemeanor, based upon what transpired. He all depends on the facts and elements of the case, so a demand for discovery would need to be made and the attorney would have to investigate the matter, to see if he/she could get the State to go along with amending it.

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