If you have been falsely accused of a crime, it can be an incredibly damaging experience in many ways, and it is natural to want to see justice for the person who has falsely accused you. But is falsely accusing someone a crime in New York? The reality is that, yes, it is possible for a person to face criminal penalties for making a false accusation against another party, and they may be liable for civil damages as well.
Understanding False Accusations in New York
In the criminal justice system, the law inherently supports the victim of a crime and there are systems and procedures in place designed to protect victims from further harm. While these mechanisms are intended for the greater good, the reality is that many people fall victim to unjust scrutiny and wrongful prosecution due to false accusations of crimes they did not commit. If you find yourself in this situation, it is vital to know what you can do to protect yourself.
For example, it is common for false accusations of domestic violence or child abuse to arise in contested divorce and child custody cases. One parent may falsely accuse the other of a crime in an effort to secure greater custody rights or some legal advantage in their divorce proceedings. In this situation, the falsely accused individual is likely to feel as though the system is pitted against them, and they may have trouble defending themselves against an accuser’s word.
A criminal defense attorney is the ideal asset for anyone in this situation. Your defense lawyer can help you establish an alibi, present contradictory evidence, or expose inconsistencies with the accuser’s story to help you prove that you have been wrongfully accused. While the aforementioned example would be an issue with significant implications in the family court system, false accusations often lead to multiple criminal proceedings.
Consequences of False Accusations in New York
If an individual is determined to have knowingly and intentionally made a false accusation against another party, they can face criminal charges for this false accusation. Falsely reporting an incident to the police can be charged as a misdemeanor or a felony. If the individual who made the false statements has a record of previously making false statements, they are likely to face a felony charge for the new offense.
In addition to facing a criminal charge for making a false statement, the accuser can also face liability for civil damages if their accusation harmed the victim. They could also be charged with perjury and/or obstruction of justice. If you are falsely accused of a crime, the optimal course of action in this difficult situation is to remain calm and speak with a defense attorney as quickly as possible.
If you have been harmed by a false accusation, such as the loss of your job or professional license, loss of standing in your community, loss of custody or visitation rights, and financial damages in the form of legal fees, you likely have grounds for a civil suit against your accuser. Work with an experienced attorney who can help you make sense of your options for resolving false accusations in New York to have the greatest chance of overcoming this situation.
FAQs
What Is the Penalty for Falsely Accusing Someone?
The penalty for falsely accusing someone will vary based on multiple factors. The New York Code lists three degrees of severity for making false statements in Sections 240.50, 240.55, and 240.60. Not only will the person who made the false statements face criminal penalties for their actions, but they may also owe civil damages to the accused. If the victim suffered damages, they would likely have grounds to file a defamation claim.
How Do I Prove That an Accusation Is False?
Proving that an accusation is false can be incredibly difficult, and it can feel as though the entire criminal justice system is positioned against you. Working with an experienced defense attorney is the optimal choice in this situation. A good attorney can help you determine what evidence you will need to prove that an accusation is false, secure exculpatory evidence or establish an alibi for you, and help you take advantage of all legal remedies.
What Is the Difference Between Slander and Libel?
The main difference between slander and libel is the method in which the defamation occurs. Both are forms of defamation, but slander is spoken or broadcast, while libel is written and published. For an individual to be charged with defamation, the victim must prove they knew their statements to be false and intended for their false statements to harm the victim. When a public figure is the subject of defamation, they must prove actual malice.
Can You Sue Someone for Making False Statements Against You?
Yes, it is possible to sue someone for making false statements against you. If you can prove that their false statements caused actual harm, such as the loss of your job, damage to your reputation, loss of your professional licenses, or other damages, you can hold them accountable and seek compensation with a civil suit. They may also face criminal charges depending on the severity of the accusation and whether their false accusation wasted public resources.
Do I Need a Defense Attorney if I Have Been Falsely Accused?
You need a defense attorney if you have been falsely accused. Do not make the mistake of assuming that hiring legal representation makes you appear guilty; you have the right to defend yourself against any criminal charge or any false accusation, and you may have trouble formulating an effective defense on your own. Experienced defense counsel can assist you in proving the truth of the matter and avoiding punishment for a crime you did not commit.
The Law Offices of Robert Tsigler, PLLC, can provide compassionate and responsive defense counsel to a client falsely accused of a crime they did not commit. We know that this is a very difficult situation, and you are likely to have many pressing legal questions you cannot answer on your own. Our team will assist you in exploring all of your avenues of defense, so contact us today and schedule your consultation with our team.
