Scheme to Defraud in the Second Degree

While an arrest for Scheme to Defraud in the Second Degree is certainly the lesser of two evils, when in comes to being charged with either New York Penal Law 190.60 or New York Penal Law 190.65, “evil” is a relative term. A misdemeanor crime in New York, NY PL 190.60 is punishable by as much as one year in jail. Do not be shortsighted or ill advised. A mere arrest for Scheme to Defraud in the Second Degree is an offense that will require the guidance of a New York criminal defense attorney.

Regardless of the type of property that the police or prosecutors claim you stole or swindled (although it is usually money), you are guilty of a Scheme to Defraud in the Second Degree when you are involved in an ongoing course of conduct scheme where you intend to defraud at least two people or obtain property from those people by false representations or promises. Further, to be guilty of NY PL 190.60 you must have also obtained property from at least one of the people you sought to defraud. As noted in the general information section for Scheme to Defraud, prosecutors must prove beyond a reasonable doubt the identity of at least one of the people you were alleged to have successfully obtained property.

Much more rare than the “big sister” crime of Scheme to Defraud in the First Degree, a conviction for this offense will always remain on your record. There will be no expungement nor sealing of this record.

• Scheme to Defraud in the First Degree: NY PL 190.65

Do not let an allegation or arrest for Scheme to Defraud derail your life and future. The New York criminal defense attorneys and former Manhattan prosecutors at Saland Law are ready to fight along side you to implement your defense.