Forgery Lawyer New York
Forgery Lawyer New York
In New York, forgery involves creating, altering, or completing a written instrument with the intent to defraud, deceive, or injure another person. The state categorizes forgery offenses into three degrees, each with specific criteria and corresponding penalties.
Forgery in the Third Degree (NY Penal Law § 170.05): This offense occurs when an individual, intending to defraud, falsely makes, completes, or alters a written instrument. It is classified as a Class A misdemeanor, punishable by up to one year in jail.
Forgery in the Second Degree (NY Penal Law § 170.10): This charge applies when the forged instrument is of a more serious nature, such as:
- A deed, will, contract, credit card, or other instrument that affects a legal right or obligation.
- A public record or an instrument filed with a public office.
- A written instrument officially issued by a public office or government entity.
- Part of an issue of tokens or other articles used as symbols of value in place of money.
- A prescription for a controlled substance.
Forgery in the second degree is a Class D felony, carrying a potential prison sentence of up to seven years.
Forgery in the First Degree (NY Penal Law § 170.15): This is the most severe forgery offense and involves forging:
- Part of an issue of money, stamps, securities, or other valuable instruments issued by a government or governmental entity.
Classified as a Class C felony, forgery in the first degree can result in a prison term of up to 15 years.
Additionally, possessing a forged instrument with knowledge of its falsity and intent to defraud is a crime in New York. The severity of this offense ranges from a Class A misdemeanor to a Class D felony, depending on the nature of the forged instrument.
It’s important to note that both forgery and counterfeiting involve fraud, but they differ in scope. Forgery pertains to creating a false written document or object with intent to defraud, while counterfeiting involves making unauthorized copies or imitations of genuine items, such as currency or works of art, with the intent to deceive.
Given the complexities of forgery laws and the serious consequences of a conviction, individuals facing such charges should seek legal counsel to navigate the legal process effectively.