New York Forgery Frequently Asked Question
Forgery Charges in New York
Forgery is a white-collar crime that involves the creation of a false written document with the intent to defraud. Forgery offenses can range from misdemeanors to felonies, and can take several forms. Being charged with forgery is serious. You will need the representation of an experienced attorney.
What are the Differences Between criminal Forgery and Misdemeanor Forgery?
There are three types of forgery crimes in New York. Forgery in the third degree is a misdemeanor. However, the charges of forgery in the second and third degree is both felonies. All of the crimes involve intending to defraud someone by creating a false written document. For this crime, a false written document is anything like computer data or a computer program which is used to record information to be used to advantage or disadvantage another person. Examples can be a receipt, deed, driver’s license, and a contract. The difference between a felony forgery charge and a misdemeanor forgery is the type of instrument which was involved in the forgery.
Third Degree Forgery
You will be charged with forgery in the third degree if you alter or falsify a written instrument with the intentions to defraud. Under New York law, this is a class A misdemeanor. If convicted, the punishment is up to a year in jail.
Second Degree Forgery
Writing a false instrument becomes felony forgery in the second degree if the false instrument is a will, deed, credit card, contract, prescription, or public record. This is a class D felony and has a sentence of up to 7 years in prison.
First Degree Forgery
Forgery in the first degree is the most serious of these offenses. It’s a class C felony that carries a sentence of up to 15 years in prison. You will be charged with this crime if the false written instrument involves securities, money, stocks, bonds, or stamps.
What is criminal Possession of a Forged Instrument?
It’s not only against the law to create a forged document. It’s illegal to knowingly possess one. If you knowingly possess a false document, you could face a criminal possession in the third-degree charge. This charge is a class A misdemeanor. It carries a maximum sentence of 1 year in jail. If the instrument involved is one that is in the second-degree statute, you could be charged with a Class D felony for criminal possession of a forged instrument in the second degree. Knowingly possessing money, stamps, stocks, and other documents constitutes criminal possession of a forged document in the first degree. The crime of forgery in the first degree is listed as a class C felony. A conviction is punishable up to 15 years in prison.
Are There Other Types of Forgery Crimes?
Yes. Using slugs in a vending machine, coin box, or turnstile with the intent to defraud is considered to be a forgery charge. Slugs are objects that aren’t coins but are designed to look like them. The unlawful use of slugs in the second degree is a class B misdemeanor. The unlawful use of slugs in the first degree is a class E felony.
Vehicle Identification Number Crimes
Altering, defacing and destroying a vehicle identification number is also a forgery crime. This is a class felony, and can result in three months in jail. Anyone in possession of a sticker or label with a vehicle identification number which has been altered or removed will face charge of illegal possession of a vehicle identification number. This crime is listed as a class E felony. If convicted, you can face up a maximum prison sentence of 4 years.
Why You Need Experienced Legal Representation
If you are facing forgery charges, you get to get experienced legal representation. These are serious charges that, if convicted, could have you going serious jail time. The attorneys have experience with forgery crimes. Due to the complexity of these cases and the severe penalties involved.
How We Defend Forgery Cases
Our team will examine every aspect of your case. Including the circumstances of your arrest, the evidence against you, and any constitutional violations. We challenge the prosecution’s case by identifying weaknesses in their evidence, questioning witness credibility, and presenting alternative explanations.
Common defenses in forgery cases include:
Lack of intent to defraud. Insufficient evidence that the document was false. Mistaken identity or false accusations. Illegal search and seizure. And coercion or duress.
Many forgery cases is based off circumstantial evidence which can be challenged effectively with the right legal strategy.
Penalties Beyond Prison Time
A forgery conviction carries consequences that extends far beyond prison time. You may face difficulties finding employment. Many professional licenses can be revoked. Your reputation, and your future opportunities will be severely impacted. This is why it’s critical to fight these charges aggressively from the very beginning.
Federal forgery charges is even more serious. Due to they involve violations of federal law and carry longer sentences. If you’re facing federal charges, you need an attorney who has experience in federal court.
If you, or someone you know, needs legal representation, please contact us at Spodek Law Group. Our number is 888-729-7065. You can also visit our website at www.criminallawyersnyc.com. We provide aggressive defense which protects your rights and fights for the best possible outcome in your case.
Don’t try and handle forgery charges alone. The stakes is too high. Let our experienced legal team stand behind you and fight to protect your freedom, and your future.
NJ CRIMINAL DEFENSE ATTORNEYS