Forgery & Related Offenses Law – N.J.S.A. 2C:21-1
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Forgery and related offenses are serious crimes in New Jersey that can lead to felony charges and jail time. But what exactly constitutes forgery under New Jersey law? This article will explain the basics of forgery laws in simple, easy-to-understand language.
What is Forgery Under N.J.S.A. 2C:21-1?
The legal definition of forgery in New Jersey can be found in N.J.S.A. 2C:21-1. Essentially, forgery is when someone:
- Changes or alters any document without permission from the owner
- Makes a fake document to look like it was created by someone else
- Knowingly uses a forged document
The key is that the person is acting with intent to defraud or deceive. Common examples of forged documents include checks, contracts, IDs, diplomas, and prescriptions.
Grades of Forgery Charges in New Jersey
Not all forgery charges are treated equally under New Jersey law. The severity of the charge depends on what kind of document was forged:
- 3rd Degree Felony: Forgery of government documents, corporate securities, prescriptions, checks, IDs, or 15+ sales receipts/UPC labels. Punishable by 3-5 years in prison.
- 4th Degree Felony: Forgery of other documents not listed above. Punishable by up to 18 months in prison.
- Disorderly Persons Offense: Forgery of a single sales receipt or UPC label. Punishable by up to 6 months in jail.
So forging something like a driver’s license or check would be a much more serious 3rd degree felony, while altering a store receipt would just be a low-level misdemeanor.
Defenses Against Forgery Charges
There are a few common defenses that can be used to fight forgery charges in New Jersey:
- Lack of intent – The prosecution must prove you intended to defraud someone. If you can show it was an honest mistake, you may be able to avoid conviction.
- Unauthorized use – If someone else used your property (e.g. checks) without your permission to commit forgery, you may not be liable.
- Duress – If you were coerced into committing forgery through threats of harm, it may provide a legal defense.
- Intoxication – Evidence that you were extremely impaired may be used to negate the intent element.
- Misidentification – If the prosecution cannot conclusively prove you are the one who produced or used the forged document, reasonable doubt may lead to acquittal.
Penalties for a Forgery Conviction
If convicted of forgery, penalties in New Jersey may include:
- Jail time ranging from 6 months to 5 years depending on degree of charge
- Fines from $100 to $500+
- Probation
- Restitution to victims
- Permanent criminal record
The consequences can be severe, so anyone facing forgery charges would be wise to retain an experienced criminal defense attorney as soon as possible. An attorney may be able to get charges reduced or even dismissed through effective negotiation or by raising reasonable doubt at trial.
Bottom Line on Forgery Laws in New Jersey
While the legal terminology can seem complex, forgery laws in New Jersey essentially boil down to creating or using fake documents to commit fraud. Charges range from low-level misdemeanors to serious 3rd degree felonies depending on the type of document forged and the intent behind it. Skilled criminal defense lawyers know how to effectively fight these allegations to protect clients from the harsh penalties. If you have been accused of forgery, don’t delay in seeking experienced legal counsel.