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New Jersey Forgery Offense – Explanation of the Law – Penalties – Defenses

New Jersey Forgery Offense – What You Need to Know

Forgery is a serious criminal offense in New Jersey that involves altering, creating, or using documents fraudulently. Let’s break down what exactly forgery is, the penalties you can face, and possible defenses.

What is Forgery in New Jersey?

Under New Jersey law 2C:21-1, forgery is when someone:

  • Changes or alters someone else’s writing without permission
  • Makes or alters a document to look like it came from someone else
  • Uses a document they know is forged

The key is that the person is doing this to commit fraud or injure someone.

Some common examples of forgery include:

  • Signing someone else’s name on a check
  • Changing details on a loan application
  • Creating fake IDs or licenses
  • Forging signatures on legal documents

So basically, forgery involves faking or altering documents illegally.

Grades of Forgery Charges in New Jersey

Not all forgery is treated equally under the law. The charges you face depend on what kind of document you forged.

Third Degree Forgery

This is the most serious forgery charge in NJ. It’s a third degree felony. It applies when you forge:

  • Money
  • Government documents like licenses
  • Stocks or bonds
  • Prescription blanks
  • Checks over $500

Third degree forgery can lead to 3-5 years in prison and fines up to $15,000.

Fourth Degree Forgery

This is a fourth degree felony in NJ. It covers forging documents not listed above, as well as having 15+ forged sales receipts or UPC labels.

Fourth degree forgery can lead to up to 18 months in jail and fines up to $10,000.

Disorderly Persons Offense

This is the lowest level forgery charge in New Jersey. It’s similar to a misdemeanor. You can be charged with this for having 1 forged sales receipt or UPC label.

It can lead to up to 6 months in jail and fines up to $1,000.

Penalties for Forgery in NJ

As you can see, penalties really vary based on the charge. Some other possible penalties include:

  • Probation
  • Community service
  • Restitution to victims
  • Loss of professional licenses

Any forgery conviction also leads to a permanent criminal record. This can hurt your job prospects, education, and more down the line.

Defenses to Forgery Charges

There are a few ways your attorney can defend against forgery charges like:

  • You had permission: If the owner consented to you signing their name or changing the document, it may not be forgery.
  • Mistaken identity: You can argue you are being mistaken for the actual forger.
  • Lack of intent: The prosecution must prove you specifically intended to defraud someone.
  • Unknowing use: You may not have known the document was forged when you used it.

A skilled lawyer will look at the facts of your case to craft the best defense strategy. This can get the charges reduced or even dismissed.

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