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Whenever you provide information in an official capacity, whether you tell police officers what you saw after a crime or submit information to a court or government agency, you need to tell the truth. If you lie to a police officer, government official, judge or another court employee, you could cause a serious delay in justice. This is not only considered unethical, it often amounts to a crime. You could also face criminal charges for lying if it enables you to obtain something of value that you would not have lawfully obtained through honesty, since this is a type of theft.
When providing false information amounts to a crime, it is known as falsification. Depending on the circumstances, it can range from a first-degree misdemeanor to a third-degree felony. Whether or not you currently face a misdemeanor or felony offense, you need to work with an aggressive Columbus defense lawyer with experience handling similar offenses against justice.
Call a falsification attorney from Luftman, Heck & Associates at (614) 500-3836 to learn how we can help you.
Ohio Falsification Charges
Under ORC §2921.13, it is illegal to knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when:
- You made the statement in an official proceeding
- You made the statement with the purpose of incriminating another individual
- You made the statement with the purpose of misleading a public official in performing their official duties
- You made the statement with the purpose of securing a government benefit, such as unemployment compensation, disability, or health care coverage
- You made the statement to secure a license, permit, or another type of authorization issued by the government
- Your statement was sworn or affirmed by a notary public or another person empowered to administer oaths
- You made the statement in writing on or in connection with a report or return that is required by law
- You made the statement in writing and with the purpose to induce another to extend you credit, a job offer, a degree, an honor, or something else of value
- You made the statement with the purpose to commit or facilitate a theft offense.
- You made the statement to a probate court
- You made the statement on an account, form, record, stamp, label, or other writing required by law
- You made the statement in connection with the purchase of a firearm together with providing fake or altered identification
- You made the statement in a document or written instrument that claims to be a judgment, lien, or claim of indebtedness that was filed with a clerk of a court, a county recorder, or the secretary of state
- You made the statement in an application with the county sheriff for a concealed carry permit
- You made the statement to have cigarettes or other tobacco products sold and shipped to you
If you are facing falsification charges based on any of these circumstances, contact a falsification attorney at Luftman, Heck & Associates right away.
Common Examples of Falsification
As a criminal offense, falsification is not well known. Unlike theft or a DUI, you may never have heard of it. However, you may have heard of actions that you know to be wrong and even illegal, which actually fall under this offense.
Common examples of falsification include:
- Giving false information to a police officer
- Accusing another person of committing a crime that never occurred
- Submitting reports with false information to the IRS, such as underreporting your income
- Signing a legal affidavit you know to be false in front of a notary
- Lying on an application submitted to a bank in order to obtain a loan
- Lying on an application submitted to a credit card company to obtain a credit card
It is clear that falsification can arise in many circumstances. However, the most common reason for this charge is because of providing false information to the police. Whether you call in a crime that did not occur, report a suspect that you know was not involved in an actual offense, or simply give officers inaccurate or misleading information during an interview (whether or not you are a suspect or witness), then you run a very real risk of being charged with a falsification offense. Local, state, and federal law enforcement agencies take it very seriously when individuals are not entirely honest with them.
If you are being accused of lying to the police, contact a falsification attorney right away. You may face one or more offenses against justice and peace officers, which can lead to significant consequences.
Potential Penalties for Falsification
If you are charged with an offense based on ORC §2921.13(A), subsections (1)-(8), (10), (11), (13), or (15), then you will likely face a first-degree misdemeanor. This is punishable by up to 180 days in jail and a fine up to $1,000.
A violation of ORC §2921.13(A)(9) is guilty of falsification as a theft offense. The specific charge you face depends on the value of the property or services you allegedly obtained. In general, a theft offense is also a first-degree misdemeanor. However, if the value of the property is between $1,000 and $7,500, then it is a fifth-degree felony, punishable by up to 12 months in prison and a maximum fine of $2,500. If the property stolen is worth between $7,500 and $150,000, then the crime is a fourth-degree felony, which may be penalized by up to 18 months in prison and a fine up to $5,000. Property valued above $150,000 leads to a third-degree felony offense, punishable by up to five years in prison and a $10,000 fine.
If you are charged with falsification under ORC §2921.13(A)(12), relating to a firearm, then you face a fifth-degree felony.
Violation of ORC §2921.13(A)(14), in regard to a concealed handgun license, is a fourth-degree felony.
It does not matter whether you are facing a misdemeanor or felony charge for falsification. You need to address the charges as quickly as possible and determine the strongest possible defenses in your case. A falsification attorney from Luftman, Heck & Associates can help you do just that.
Collateral Consequences of a Falsification Conviction
If you are convicted of falsification, you will have a permanent criminal record. This can lead to more than a statutory punishment. You may have to deal with secondary consequences for years to come, including but not limited to:
- Difficulty obtaining and maintaining a job
- Difficulty remaining in school or being accepted into a college
- Difficulty obtaining student financial aid
- The loss of or inability to obtain a professional license
- Difficulty obtaining a loan
- Difficulty being approved for rental housing
- Immigration issues, including denial of a visa, ineligibility for citizenship, or deportation
- Child custody and visitation issues
- For a felony, loss of voting rights while incarcerated
- For a felony, permanent loss of firearm rights
Defending Against Falsification Charges
If you are being accused of providing false information to the police or for another type of falsification, then contact our falsification attorneys immediately. There may be one or more strong defenses available in your case, including proving that you did not knowingly lie. The crime of falsification requires intentionally giving false information or affirming false information. If you did not know the information was false and you did not intentionally lie, then you are unlikely to be convicted of the offense.
Contact a Columbus Falsification Lawyer Today
At Luftman, Heck & Associates, we believe in taking a comprehensive and aggressive approach to your case. We will immediately conduct an independent investigation into the accusations against you to determine our best course of action. We may fight to have the charges dropped or reduced. We may recommend negotiating a plea bargain with the prosecution. We may also feel confident in fighting for your exoneration in court.
To learn more about falsification charges and how we can defend you against them, call us at (614) 500-3836 today to schedule a consultation with a defense attorney in Columbus.
Penalties
Falsification
- A jail sentence of up to 180 days
- In its place, your judge may sentence you to probation or other community control punishments
- At most, a fine of $1,000
- Liability for any financial loss, injury or death that comes about as a result of this, and for the associated court costs
Falsification to purchase a firearm
- A prison term of six months to one year
- In its place, your judge may sentence you to probation or other community control punishments
- At most, a fine of $2,500
- Liability for any financial loss, injury or death that comes about as a result of this, and for the associated court costs
Falsification to obtain a concealed handgun license
- A prison term of six to 18 months
- In its place, your judge may sentence you to probation or other community control punishments
- At most, a fine of $5,000
- Liability for any financial loss, injury or death that comes about as a result of this, and for the associated court costs
Falsification in a theft offense: Value of the property or services is less than $1,000
- A jail sentence of up to 180 days
- In its place, your judge may sentence you to probation or other community control punishments
- At most, a fine of $1,000
- Liability for any financial loss, injury or death that comes about as a result of this, and for the associated court costs
Falsification in a theft offense: Value of the property or services is $1,000 to $7,499
- A prison term of six months to one year
- In its place, your judge may sentence you to probation or other community control punishments
- At most, a fine of $2,500
- Liability for any financial loss, injury or death that comes about as a result of this, and for the associated court costs
Falsification in a theft offense: Value of the property or services is $7,500 to $149,999
- A prison term of six to 18 months
- In its place, your judge may sentence you to probation or other community control punishments
- At most, a fine of $5,000
- Liability for any financial loss, injury or death that comes about as a result of this, and for the associated court costs
Falsification in a theft offense: Value of the property or services is $150,000 or more
- A prison term of nine months to three years
- A fine of $5,000 to $10,000
- Liability for any financial loss, injury or death that comes about as a result of this, and for the associated court costs