Founding Attorney
In New York, it is illegal to use a forged instrument such as a check to defraud others. But the law actually goes further than this by punishing the possession of forged instruments, not merely their use in a transaction. This raises the question among many New Yorkers about what constitutes a forged instrument.
Knowing the definitions and standards that are written into the state’s statutes will help you prepare a defense in the event you are ever charged with possession of a forged instrument. So will retaining an experienced criminal defense attorney. If you’re facing criminal charges in Long Island, reach out to Michael A. Arbeit, P.C.
How Does New York Define “Forged Instruments”?
A forged instrument is a document or other item that an individual has either unlawfully altered or created with the intention of deceiving or defrauding someone else. Making, altering, or issuing a false document constitutes the act of forgery. However, one may be guilty of “possession” of a forged instrument if they have control over what they know to be a forged instrument with the intent of using it to commit fraud.
Naturally, one may ask, what exactly is a forged instrument? Some examples include:
- Counterfeit money: This includes any sort of currency that appears to be real but isn’t, of which the person in possession intends to use to defraud businesses or individuals.
- Forged or altered checks: There are many ways to falsify checks such as forging signatures, changing amounts, or altering the payee.
- Fake identifications: From driver’s licenses to other forms of identification, especially those used to gain access to a restricted environment or commit fraud, there are numerous types.
- Altered legal instruments and documents: Included herein are contracts, wills, promissory notes, deeds, receipts, and much more.
- Counterfeit prescriptions: The possession or use of a fake prescription to obtain medication in Long Island is against the law.
- Forged electronic documents: Particularly problematic in the digital age are forged, altered, fake, and fraudulent documents such as PDFs, emails, digitally signed documents, and others.
Criminal Possession: Three Degrees of Punishment
In Long Island, it is possible for authorities to charge an individual with one of three degrees of possession of a forged instrument:
- First degree: The most serious of the three, first degree possession of a forged instrument includes counterfeit money, forged stock certificates, and fake passports. An individual must possess the forged item, know it was forged, and have the intent of using it to defraud others.
- Second degree: Usually, forged instruments of a lower potential value like deeds, wills, credit cards, and prescriptions will fall into this category. The individual must also knowingly possess the item and have fraudulent intent to use it.
- Third degree: This generally concerns what are considered low value forged instruments like fake coupons and documents with minor alterations. The same possession, knowledge and intent elements apply.
First and second degree possession of forged instruments are felonies, although there are differences in severity between them. Prison time and steep fines are among the likely outcomes to a conviction. Even though third-degree possession is a misdemeanor, the punishment can still be up to a year in jail plus fines.
It’s important for a defendant to understand that possession requires both the knowledge and intent elements above, a fact which offers a potential defense. Remember, also, that the prosecution has the burden of proof in any criminal charge against a defendant and must secure a conviction with legally admissible and reliable evidence. Your attorney may be able to challenge the sufficiency of the evidence, including if it was illegally obtained.
Your Long Island Criminal Defense Attorney
Regardless of which degree of possession of a forged instrument you have been charged with, it is vital to your rights that you secure skilled legal representation. Talk to Michael A. Arbeit, P.C. You can schedule your initial consultation by calling or contacting us online.