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NYC Forgery Lawyers
In New York, an individual has committed forgery when they falsely create, alter or complete a written instrument. Their purpose must be to deceive, defraud or cause injury to another person or entity. The levels of criminal forgery increase by degrees based on the instrument utilized for the act of forgery.
Written Instrument
Under New York law, a written instrument is any type of printed material, tokens, computer data, program as well as any other type of item used to illustrate information as proof of value, identification as well as privilege. A written instrument has the ability to provide an individual with benefit or to show a disadvantage and more.
Forged Instruments
There are numerous items people have been found guilty of forging. Individuals have done everything from altering their driver’s license to creating a government ID. Some people have even forged handicapped-parking permits. Others have forged vehicle identification numbers with illegal numbers. There have also been forgeries of deeds, wills, credit cards, commercial instruments as well as public records and more.
Punishments
In New York, any person who intentionally and knowingly possesses, or creates a forged document is considered liable for it. This is determined to suggest an attempt to defraud another party or person. A person who only possess or creates a forged document can be charged with forgery, the same as any individual who actively uses it.
*Third Degree Forgery – This is considered a Class A misdemeanor. A person convicted of this could be incarcerated for up to twelve months and be required to pay a fine totaling $1,000.
*Second Degree Forgery – This is considered a Class D felony. A person convicted of this could be incarcerated for up to seven years. They may also be required to pay fines totaling $5,000 or an amount twice what the defendant received from performing the forgery.
*First Degree Forgery – This is considered a Class C felony. A person convicted of this could be incarcerated for up to fifteen years. They could also be required to pay fines totaling $5,000 or an amount twice what the defendant received from performing the forgery.
Legal Defenses
When a person is charged with forgery, an experienced attorney will be able to review the facts of the case and determine an appropriate legal defense. There could have been a lack of intent. A defense attorney will try to show their client had no intent to deceive, defraud or injure anyone. It may be possible to prove a defendant did not know the item was forged. This happens with high-quality forgeries that can be used by people without their knowledge. It possible a defendant was under the age of 16 and can’t be charged as an adult. In some situations, an attorney has been able to prove a defendant had a mental defect. This is a situation where a person didn’t have the mental ability to comprehend what they were doing was wrong.
Statute Of Limitations
This is a law that prevents prosecuting an individual for a crime they committed after a specified number of years after the crime occurred. This will apply to the crime of forgery depending on if a person has been charged with a felony or misdemeanor. A misdemeanor charge would have a statute of limitations of one year. A felony could be five years. If extraordinary circumstances apply, the statute of limitations could be extended.
When a person is charged with forgery, they should discuss it with an experienced attorney. The attorneys at Spodek Law Group are able to explain how section 170 of the New York Penal Law covers forgery in New York and how it will impact their legal circumstance. They will know how to protect the legal rights of someone charged with forgery and obtain the best possible result for their case.