New Jersey Section 2C:21-1 – Forgery and Related Offenses

New Jersey’s Forgery Laws: What You Need to Know

Forgery laws in New Jersey, specifically Section 2C:21-1 of the New Jersey Code of Criminal Justice, aim to prevent and punish the unauthorized altering, making, or transferring of documents, money, stamps, badges, access devices, and other writings with the intent to defraud or injure others. But what exactly constitutes forgery under the law, and what are the penalties? This article breaks it down.

The Basics of Forgery Under 2C:21-1

In New Jersey, a person commits the crime of forgery if, with purpose to defraud or injure anyone, or with knowledge that they are facilitating a fraud or injury to be perpetrated by anyone, they do any of the following without authorization:

• Alter or change any writing of another person or entity;
• Make, complete, execute, authenticate, issue or transfer any writing so that it purports to be the act of another person or entity who did not authorize that act, or purports to be from a fictitious person or entity;
• Make, complete, execute, authenticate, issue or transfer any writing that purports to have been executed at a time, place or numbered sequence other than was actually the case;
• Make, complete, execute, authenticate, issue or transfer any writing that purports to be a copy of an original when no such original existed;
• Utter any writing that they know to be forged in any of the manners specified above.

The law defines “writing” very broadly to include not just documents but also money, stamps, seals, credit cards, badges, trademarks, access devices like debit cards, retail sales receipts, UPC labels, checks, and other symbols of value, rights, privileges or identification.

So in plain language, forgery includes things like:

• Changing details on a check without permission to steal money or cause harm;
• Creating a fake ID badge to gain unauthorized access somewhere;
• Altering sales receipts to get items for free or resell them.

The key is that the writing is changed or created for fraudulent purposes ― whether to obtain something of value, avoid consequences, or cause harm to others.

Grading of Forgery Offenses

Not all forgery crimes are treated equally under 2C:21-1. The grading of the offense depends on the type of writing involved:

• Third degree crime: This applies when the writing involves money, securities, stamps, government-issued licenses and certificates, prescription pads, stocks, bonds, access devices, or personal identifying information. This is punished by 3-5 years in prison and fines up to $15,000.
• Fourth degree crime: This covers most other types of forged or altered writings, like sales receipts, labels, deeds, wills, contracts, school records, medical records, corporate records, etc. This is punished by up to 18 months in prison and fines up to $10,000.
• Third degree crime: If there are 15 or more forged retail sales receipts or UPC labels, the crime is upgraded to third degree.
• Second degree crime: If the forgery facilitates terrorism, the crime can be upgraded to second degree. This is punished by 5-10 years in prison and fines up to $150,000.

As you can see, forgery involving things like money, IDs, and access devices are treated most harshly under the law because of their higher potential for financial fraud or other serious consequences.

But any type of unauthorized altering or fabrication of documents or writings can land you in legal jeopardy if done to deceive or cause harm.

Defenses to Forgery Charges

Some possible defenses to fight forgery charges under 2C:21-1 include:

Lack of intent: If there is no evidence you intended to defraud or injure anyone, this negates an essential element of forgery. For example, perhaps you signed someone’s name with permission, or made an honest mistake.

Duress or coercion: If you can show you were forced or coerced into committing the forgery under threat, this can excuse the conduct.

Intoxication: Evidence of heavy impairment from drugs or alcohol could negate the intentional mental state required. But this depends on the extent of intoxication and ability to form intent.

Mistake of fact: If you made an honest and reasonable mistake regarding the facts ― for example, you reasonably but incorrectly believed you had permission ― this can excuse the behavior.

Constitutional violations: If evidence against you was obtained illegally in violation of your rights, an attorney can seek to suppress that evidence so it cannot be used against you.

Lack of authority: If the person or entity whose writing you allegedly forged actually had no authority themselves, then you have not committed forgery by “pretending” to be them.

The viability of any defense depends on the specific facts and evidence in your case. An experienced criminal defense attorney can fully evaluate defenses and build the strongest case possible on your behalf.

What Happens If You Are Convicted?

Aside from jail time and fines, a forgery conviction also brings additional consequences including:

• Permanent criminal record: The offense remains on your record permanently and must be disclosed to employers, schools, landlords etc.
• Loss of certain rights and privileges: You can lose the right to possess firearms, serve on a jury, hold public office, receive government benefits, retain professional licenses, obtain security clearances, enroll in college, adopt children, travel abroad, and more.
• Immigration issues: If you are not a U.S. citizen, charges and conviction can negatively impact your immigration status and ability to naturalize. You could even face deportation.
• Civil liability: Victims of your forgery can sue you for money damages in civil court.

So defending against allegations under 2C:21-1 is critical to avoiding these severe consequences. An attorney may be able to get charges reduced or even dismissed through effective negotiation or litigation.

Protect Your Rights with a Lawyer’s Help

Facing forgery charges under New Jersey law is extremely serious. The complex statutes carry steep penalties and collateral consequences that can follow you for life. But an experienced criminal defense lawyer understands how to build a strategic defense to achieve the most favorable outcome possible. Don’t leave your fate to chance ― protect yourself by seeking legal counsel right away.