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Second Degree Criminal Possession of a Forged Instrument

March 21, 2024 Uncategorized

In New York, Second Degree Criminal Possession of a Forged Instrument is a serious crime that may have significant consequences. If you have been charged with this offense, then you should understand your rights and be aware of defenses that may be available. A criminal defense attorney can provide legal advice and representation to assist you in dealing with these charges.

What is Second Degree criminal Possession of a Forged Instrument?
According to the New York Penal law, a person may be charged with Second Degree criminal Possession of a Forged Instrument when you have knowledge that a document is forged and you have the intent to defraud, injure or deceive another. Also if you possesses a forged
document.

The “instruments” defined in that code section include:

  • Documents such as a deed, last will and testament, contract, commercial instrument, credit card, or other document that involves a legal right or interest;
  • A public record document or other document that is required/authorized to be filed with a public office;
  • An official document from a public office or governmental agency;
  • Documents or tangible items used in place of money for property or services; or
  • A prescription from a physician or other person authorized to issue prescriptions for a drug.

What are the potential penalties for Second Degree criminal Possession of a Forged Instrument?
Second Degree criminal Possession is a Class D felony. A conviction of this crime may result in up to 7 years in prison. There may also be financial penalties, probation, community service and orders for restitution.

A felony conviction create issues with your employment and may result in limitations on certain civil rights. Because of these and the other potential penalties, you should have legal representation to advocate on your behalf.

Are there any defenses?
In a Second Degree criminal Possession of a Forged Instrument case, there may be defenses available to challenge the charge or give cause for a reduction in the sentence. To receive a conviction, the prosecution must be able to prove each of the elements of the crime beyond a reasonable doubt. If this cannot be done, then you should be acquitted.

For example, if the evidence is insufficient to show that you lacked knowledge that the document was forged, then you should not be found guilty. Also, if you did not intend to defraud someone, then you likewise should be acquitted.

If the evidence for your case was obtained in violation of your rights, then you may also have a defense to suppress the admission of that evidence at trial.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

In addition to these defenses, there are certain presumptions in Second Degree criminal Possession of a Forged Instrument cases that may be explored to challenge your charges.

How can a criminal defense lawyer help?
Because Second Degree criminal Possession of a Forged Instrument cases are complex and involve interpretation of laws, rules and procedures, it can be overwhelming and difficult to represent yourself. A lawyer will have experience with these types of cases and can provide you legal advice to help you understand your options.

A criminal defense lawyer can represent you in court. They will negotiate with the prosecution to try to obtain a just result. In court, an attorney can make argument on your behalf, cross examine witnesses, raise objections and advocate for your rights.

A criminal defense attorney will help you assess the strengths and weaknesses of your case. This will allow you have have realistic expectations and to develop a strategy.

If you have been charged with Second Degree criminal Possession of a Forged Instrument, then contact us to schedule a consultation.

Don’t deal with Second Degree criminal Possession of a Forged Instrument alone. Speak to the Spodek Law Group today.

Forgery is a serious crime in New York. The signing of another person’s name on any document with the intent to defraud is considered a crime, and it’s punishable by law. When the signature is on an official document such as mortgage paperwork or other financial paperwork, it becomes even more dangerous and tends to require stricter punishment. When someone in New York is charged with criminal possession of a forged instrument in the second degree, the crime is considered a Class D Felony. It’s going to require time in court, potential jail time, and fines.

What is criminal possession of a forged instrument in the second degree?

New York law classifies this as a criminal problem in which you have possession of a document that’s been forged. It must be known to you that the document is forged whether you did the forging yourself or had someone else do it for you. Your possession of this document is intended for use to defraud someone else either financial, medically, or in any other sense. The prosecution in your case must be able to prove you knowingly had possession of a forged instrument with the intent to defraud someone by using it.

Depending on the nature of the forged instrument, there are harsh punishments. If it’s a small document or a check that’s not worth much money, you might find a prosecutor is willing to work with you by minimizing your crime to a misdemeanor. This usually only happens if you are a first-time offender without a criminal history and the crime it’s particularly large. For example, a forged check taken from someone’s handbag and made out to you for $100 by you is a crime, but they might work with you in the court to scare you from ever doing this again.

If you are accused of forging a check for $10,000 by taking it from the handbag of a woman you work with in a nursing home, for example, the charges will be criminal. The amount of the check plays a large role in the discipline you receive. It’s going to cost you as many as five years in jail. It’s also important to remember that each count of possession of a forged instrument in the second degree is worth up to five years in prison. If you have five checks all made out to you and forged by you, you face up to 25 years in prison when they’re each broken down into a separate count.

Defending This Crime

The only way to ensure you get a fair trial and a fair punishment for forging or carrying forged instruments in New York is with the help of a criminal attorney who has ample experience working with clients who’ve been accused of the same. An attorney knows the ins and outs of the law, and they have the ability to provide you with the defense you need when it’s time for you to go to trial.

A criminal defense attorney can help you prove you had nothing to do with this if you are innocent, and they can even work to disprove the prosecution if you are not. Whether you are innocent of this crime or not has no bearing on the defense used by your attorney. The prosecution must prove beyond a reasonable doubt you knowingly had possession of a forged instrument and planned on using it with the intent to defraud or cause harm to someone else. If there is not enough evidence to prove you knew this was the case, the prosecution cannot ask for you to receive the most serious punishment.

Protecting yourself from jail and restitution is difficult in a felony case, but it’s necessary. If you are tired and convicted of this crime, the felony charge remains on your record the rest of your life. Felony charges do not disappear, and they make it difficult for you to provide for your family when you are finally out of jail and able to get back to real life. Few employers want to hire someone with a felony charge on their record, especially if it’s in a financial realm. It’s difficult to secure a mortgage, to rent a home or apartment, and to find work with a felony charge on your record.

It’s so important you exercise your right to an attorney when you are charged with a crime such as criminal possession of a forged instrument in the second degree in New York. A criminal defense attorney is the best line of defense you have at your disposal, and they can make it much easier for you when it’s time to appear in court for your crimes.

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