Charged With Criminal Possession of a Forged Instrument in New York?

Criminal possession of a forged instrument is a common allegation in New York for a crime allegedly involving the possession of fake or altered documents with the intent to defraud or deceive others. Examples include forged checks, contracts, identification (fake ID), and other documents. A conviction for criminal possession of a forged instrument can lead to jail or prison time, depending on the severity of the offense and the defendant's criminal history. Misdemeanor charges can result in up to one year in jail, while felony charges can lead to multiple years in state prison. In addition to incarceration, convicted individuals may face fines, restitution, and probation, as well as collateral consequences such as difficulty finding employment, loss of professional licenses, and damage to personal reputation.

What can be Considered Criminal Possession of a Forged Instrument in New York

Possessing a completed or modified written instrument that you know is fake constitutes criminal possession of a forged instrument. This includes any document that has been altered, completed, or created to appear genuine, such as forged checks, fake driver's licenses, altered contracts, and counterfeit money. Possession can be actual or constructive, with actual possession meaning having the item on your person and constructive possession meaning having control over the item, even if it's not physically with you. Knowledge that the instrument is forged is a key element of the crime, and the prosecution must prove that the defendant knew the item was fake. Claiming ignorance or lack of knowledge can be a defense strategy.

To be charged with criminal possession of a forged instrument, the defendant must have intended to use the forged instrument to trick or cheat someone. Intent can be inferred from the circumstances and the defendant's actions, such as trying to cash a forged check at a bank, presenting a fake ID to gain entry to a restricted area, or submitting an altered contract to a business partner. The prosecutor must prove intent beyond a reasonable doubt.

Any forged document can be the basis for charges, regardless of its monetary value. The value of the forged instrument is not a determining factor in criminal charges, and prosecutors can pursue cases involving forged documents that have no financial worth. The key element is the intent to deceive or defraud, not the monetary value of the item. Examples of non-monetary instruments include fake diplomas or academic transcripts, altered medical records or prescriptions, counterfeit event tickets or passes, and other forged documents like altered or fake identification documents, forged legal documents, and counterfeit permits or licenses.

The instrument's potential to deceive is more important than its actual value, with the primary concern being the forged document's ability to trick or mislead others. The monetary worth of the instrument is secondary to its capacity for deception, and prosecutors focus on the intent behind the forgery and the potential harm it may cause. Examples of how forged instruments can deceive, regardless of value, include a fake diploma misleading employers or educational institutions, an altered prescription allowing unauthorized access to medications, and a counterfeit event ticket granting entry to an exclusive or sold-out event. The credibility and appearance of the forged instrument contribute to its potential to deceive, with high-quality forgeries more likely to be accepted as genuine, attention to detail and accuracy in the forgery process increasing its deceptive potential, and the use of authentic materials or templates making forgeries more convincing.

Even minor changes to a document can lead to criminal charges, with examples of small but significant alterations including changing the date on a contract, adding a digit to a check amount, or modifying a signature on a legal document. Defendants may underestimate the seriousness of possessing slightly altered items, but prosecutors can still pursue charges for these offenses, especially if there was intent to defraud

Three Degrees of Criminal Possession of a Forged Instrument in New York

Third-degree criminal possession of a forged instrument (NY PL 170.20) is a Class A misdemeanor, punishable by up to one year in jail. Examples of third-degree offenses include possessing a forged document with intent to deceive, such as a fake letter of recommendation, having a counterfeit event ticket or pass, intending to use it for entry, and presenting a forged signature on a legal document, like an affidavit or contract. Although it is the lowest level of criminal possession of a forged instrument charges, it is still a serious offense with potential jail time and a permanent criminal record.

Second-degree criminal possession of a forged instrument (NY PL 170.25) is a Class D felony, punishable by up to seven years in prison. Fake IDs and fraudulent credit cards fall under this category. Other examples of second-degree offenses include possessing a forged deed or title with intent to defraud, having counterfeit money, but not in a high enough quantity to qualify as first-degree, and presenting an altered medical record or prescription for personal gain. Second-degree charges are more severe than third-degree charges, with longer potential prison sentences. A felony conviction carries significant long-term consequences, such as loss of voting rights and difficulty finding employment.

First-degree criminal possession of a forged instrument (NY PL 170.30) is a Class C felony, punishable by up to fifteen years in prison. It commonly involves counterfeit U.S. currency. Specific criteria for first-degree charges related to counterfeit money include possessing ten or more forged bills, coins, or other currency, and having a total face value of $1,000 or more in counterfeit currency. Other examples of first-degree offenses include possessing counterfeit postage stamps with a face value of $1,000 or more, having ten or more forged public transit passes or fare media, and presenting a forged government-issued document, such as a passport or birth certificate. First-degree charges are the most serious level of criminal possession of a forged instrument charges. A conviction can result in a lengthy prison sentence and a permanent felony record. High-level forgery cases often involve additional charges, such as grand larceny or enterprise corruption.

A conviction for forgery or possession of forged instruments can destroy an individual's career and lead to prison time. A criminal record can make it difficult to find employment, as many employers conduct background checks and may be hesitant to hire someone with a conviction. Certain professions, such as finance, law, and healthcare, may be off-limits due to the nature of the offense, and individuals with a conviction may be barred from obtaining professional licenses or certifications. Incarceration can cause significant disruption to one's career and personal life, resulting in job loss, difficulty re-entering the workforce, strained personal relationships and family ties, and missed opportunities for career advancement and education. Collateral consequences of a conviction can have long-lasting effects on an individual's future, such as limited housing options, restricted access to financial aid, loans, and credit, and the loss of certain civil rights, like the right to vote or possess firearms.

When facing serious charges like forgery or possession of forged instruments, navigating the complex legal system can be overwhelming. For this reason, consulting with an attorney like us is important so you can receive guidance and support throughout the legal process. We can challenge the prosecution's evidence and arguments by scrutinizing the evidence for weaknesses or inconsistencies. We can question the admissibility of evidence if it was obtained through unlawful means, and negotiate with prosecutors to seek a reduction in charges or a more lenient sentence.

Should you need assistance, you can call the Law Offices of Albert Goodwin at 212-233-1233 or send us an email at [email protected]. We represent clients throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.