New York Forgery Frequently Asked Question

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.

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Legal Scenario: What Would You Do?

Scenario

You discovered that your former business partner used your signature stamp to endorse several checks totaling $15,000, depositing them into his personal account. Now a detective has contacted you because the bank flagged the transactions, and both you and your former partner are under investigation for forgery.

Can I be charged with forgery even though someone else forged my signature without my knowledge?

Attorney's Answer

Under New York Penal Law §170.00, forgery requires the intent to defraud, deceive, or injure another party — so if you had no knowledge of or involvement in the unauthorized use of your signature, you should not be criminally liable. However, prosecutors may initially cast a wide net, and you could still face charges under §170.05 (Criminal Possession of a Forged Instrument) if any of the forged checks passed through your hands. The degree of the forgery charge depends on the type of instrument involved — forging a check can be charged as Second Degree Forgery under §170.10, a class D felony carrying up to seven years in prison. An experienced criminal defense attorney can work to demonstrate your lack of intent and knowledge, potentially getting the charges reduced or dismissed before they reach trial.

This is general information only. Contact us for advice specific to your situation.

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