Criminal Possession of a Forged Instrument in New York

Are You at Risk of Prosecution?

You can be charged with criminal possession of a forged instrument in New York if you:

possess, sell, pass on, or use a forged instrument;
know that the instrument is forged; and
intend to defraud, deceive, or injure someone else using the forged instrument.

The reasons for receiving these charges vary from case-to-case. Some of them involve serious forgeries meant to do harm and defraud innocent people, while others may be negligent mistakes. Note how different these situations sound:

You buy a fake ID during your freshman year of college, so you can go to bars and drink beer with all of your friends.
You alter your great-aunt’s will, without her permission, to show that she is leaving you 90% of her estate.
You hand over a $20 bill to buy a soda at the local corner store, totally unaware that you just used a counterfeit you received as changing the other day.
You create a fake prescription to try to obtain painkillers from a pharmacy.
You have several forged credit cards and use them to shop online.

Despite the variation between them, all of these examples could be charged as criminal possession of a forged instrument.

The Legal Definition of Criminal Possession of a Forged Instrument

There are three state statutes relating to criminal possession of a forged instrument within New York Penal Law. They range from a Class A misdemeanor all the way up to a Class C felony, depending on the types of forged instruments you possess.

Before getting to the statutes themselves, let’s define the term forged instrument.

What is a Forged Instrument?

Basically speaking, a forged instrument is a fake document that can be used to help or harm someone, including yourself. It can be a total fake or a legal instrument that is filled out falsely or altered to be false. It can be physical, like a piece of paper, or digital, as a PDF.

It can symbolize a false value, right, privilege, or identification. The definition of a forged instrument is a broad one meant to encompass all possibilities of false documentation. Here are some examples of forged instruments:

a counterfeit $20 bill
a fake ID
a real driver’s license with an altered date of birth
a falsely completed deed or will
a real invoice altered to show a higher price

The list could go on and on. If you have any documentation or records that include falsified information, there is a good chance it would be considered a forged instrument in the State of New York.

170.20 – Criminal Possession of a Forged Instrument in the Third Degree

This charge relates to possessing, selling, passing on, or using a forged instrument. It is the lowest degree of this particular crime. You may receive this charge if you:

possess, sell, pass on, or use a forged instrument;
know that the instrument is forged; and
intend to defraud, deceive, or injure someone else using the forged instrument.

Note that this statute doesn’t specify any particular types of forged instruments. This charge works as a catch-all for all forged instruments that don’t fit into the criteria necessary for the second or first degrees on this crime. This crime is a Class A misdemeanor.

170.25 – Criminal Possession of a Forged Instrument in the Second Degree

This charge is nearly identical to the same crime in the third degree. It involves knowingly possessing, selling, passing on, or using a forged instrument with criminal intent. The difference is that this charge must involve specific types of forged instruments. To be charged with this crime in the second degree, your case must involve one of the following types of forged instruments:

an instrument which may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status;
an instrument filed or required by law to be filed with a public office or public servant;
an instrument officially issued by a public office or government instrumentality;
an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or
a prescription meant to be from a licensed medical professional for any prescription-gated drug or device used in the taking of drugs.

Some common items that meet the above criteria include, but are not limited to, forged:

deeds;
wills;
contracts;
credit cards;
public records;
driver’s licenses (fake IDs); and
medical prescriptions.

Note: The prosecutors will not need to prove your criminal intent if you are found to possess two or more forged credit or debits cards. Merely possessing them is considered presumptive evidence that you intend to use them criminally. This crime is a Class D felony.

170.30 – Criminal Possession of a Forged Instrument in the First Degree

This charge is, again, nearly identical to the same crime in the two lower degrees. It involves knowingly possessing, selling, passing on, or using a forged instrument with criminal intent. It is the highest degree of this crime, due to the nature of the forgeries it involves.

To be charged with this crime in the first degree, your case must involve one of the following types of forged instruments:

part of an issue of money, stamps, securities, or other valuable instruments issued by a government; or
part of an issue of stock, bonds, or other instruments representing interests in (or claims against) corporations, other organization, or their property.

Basically speaking, this charge is about counterfeit money, bonds, and stocks meant to defraud the government or corporations. This crime is a Class C felony.

Related Offenses

These charges may be brought in addition to, or in place of, charges for certain other related offenses under Article 170 of New York Penal Law. These include:

170.05, 170.10, and 170.15 – Forgery in the Third, Second, and First Degree

These charges relate to the creation of forged instruments. You can receive this charge if you:

falsely make, fill out, or alter a written instrument; and
intend to use the forged instrument defraud, deceive, or injure someone else.

The degree of the charge you might receive depends on the types of forgeries you are accused of creating. The criteria for the forged instruments in the second and first degree of this crime are the same as the criteria for the forged instruments in the second and first degree of Criminal Possession of a Forged Instrument. Creating fake IDs is a second-degree charge while creating counterfeit US money is a first-degree charge.

This offense can be a Class A misdemeanor, a Class D felony, or a Class C felony depending on the circumstances of your case.

170.40 – Criminal Possession of Forgery Devices

This charge relates to the possession of equipment that can be used to create forged instruments. Don’t worry: that doesn’t mean your pen is illegal just because it could be used to scribble out a name on a will.

You can receive this charge if you:

knowingly make or possess a plate, die, or other pieces of equipment specifically designed to create counterfeits or forged written instruments; or
make or possess such a device with the intent to use it or let someone else use it.

This offense is a Class D felony.

Who Detects, Investigates, and Prosecutes Criminal Possession of a Forged Instrument?

The detection, investigation, and prosecution of this crime vary on a case-by-case basis, due to the varied nature of what may constitute a forged instrument.

Detection

This crime will generally be detected by the person you are trying to deceive with a forged instrument. A cashier or bank teller might detect counterfeit money. A bartender or liquor store cashier might detect a fake ID. Your business partner might detect a falsified contract or invoice. A pharmacist might detect a forged prescription, and an executor might detect an altered will or deed.

Think about the person or people a forged instrument is intended to deceive or defraud; they will probably be the one the notice that something is wrong and detect the crime.

Investigation

The investigation of this crime will, again, very heavily depending on the specific type of forged instrument at hand. If the forged instrument in question is a counterfeit bill, or a forged credit or debit card, the United States Secret Service might be in charge of the investigation.

If the forged instrument is a digital document such as a PDF of a deed, a detective unit such as the NYPD Computer Crimes Squad could be involved to investigate how, when, and by whom the document was altered. There is no one group that investigates all occurrences, or suspected occurrences, of this crime.

Prosecution

Prosecution largely depends on the locality where you are accused of committing the crime. If you are caught trying to use a fake ID at a club in SoHo, you might be prosecuted by the Manhattan District Attorney and go to trial in the Criminal Court of the City of New York.

If you are caught with an altered deed in Nassau County, or counterfeit money in Buffalo, you should expect to be prosecuted in those local court systems. Just as with their detection and investigation, the prosecution of these charges differs on a case-by-case basis.

Statutory Penalties

The statutory penalties for criminal possession of a forged instrument vary depending on the specific charge(s) you receive. The penalties can include fines, prison time, or a combination of both.

Keep in mind that your criminal record is important when it comes to sentencing. You may receive a lighter sentence if you have a spotless record, and a heavier sentence if you’re a repeat offender.

Criminal Possession of a Forged Instrument in the Third Degree

This conviction is a Class A misdemeanor.
The maximum fine is $1,000.
The maximum prison sentence is one year.

Criminal Possession of a Forged Instrument in the Second Degree

This conviction is a Class D felony.
The maximum fine is $5,000 OR double the amount you gain from the crime.
The maximum prison sentence is seven years.

Criminal Possession of a Forged Instrument in the First Degree

This conviction is a Class C felony.
The maximum fine is $5,000 OR double the amount you gain from the crime.
The maximum prison sentence is fifteen years.

Additional Consequences

Whether you’re charged with a felony or misdemeanor, these charges can have consequences beyond fines and prison time. If convicted, you will have a criminal record for the rest of your life. This can affect your future educational, employment, immigration, and professional opportunities.

When applying to jobs or colleges, you will need to disclose your criminal record. This can reduce your chances of finding gainful employment or being accepted into the school of your dreams. If you are an immigrant, a criminal record can make it much harder to obtain a green card or full citizenship. Criminal records make life harder.

More specifically, these convictions can have unique consequences if you are in certain lines of work.

If you work for a government entity that is involved in the creation of public records or official documents, you will probably lose your livelihood and need to start a new career. If you hope to get into that field of work in the future, you probably won’t have much luck. You could be missing out on good jobs with strong benefits and pensions plans.
If you are a lawyer involved in the creation of wills, deeds, contracts, or other similar legal documents – which puts you in a unique position to commit forgery – you could be disbarred over this conviction.

The additional consequences of a conviction will always depend on the specifics of your case, your career, and your life outside of these charges.

Legal Defenses to Criminal Possession of a Forged Instrument

Luckily for you, it is possible to fight these charges and win your case – with the right counsel. Experienced defense attorneys know how to challenge the prosecution and protect you in a court of law.

A successful defense would likely focus on one or more of the three main elements of these crimes: possession, criminal intent, and actual knowledge.

Possession

Can the prosecutor prove, beyond a reasonable doubt, that you possessed a forged instrument? This might sound like a basic defense, but depending on your case, it could be a very successful one. There are many scenarios in which it might be hard for a prosecutor to prove that you possessed the forged instrument in question. For example:

Maybe you are accused of possessing a counterfeit $20 bill and using it at a gas station. How dependable and well-documented is the chain of custody of the forged bill? Perhaps the gas station attendant mixed your real $20 bill up with somebody else’s fake $20 bill.

Maybe there is no camera evidence of you handing over the fake $20 bill, or the camera evidence is too grainy to be reliable. The chain of custody is only as strong as its weakest link.

The same is true of any type of forged instrument. Even if a forged will shows a huge sum of money going to your name, you can argue that someone else must have altered it – perhaps to defraud the rightful inheritors – and that you never possessed the will. Unless a police officer or other justice official catches you red-handed holding a forged instrument, you might have a chance to argue you never possessed it.

Criminal Intent

Can the prosecutor prove, beyond a reasonable doubt, that you intended to use a forged instrument to defraud, deceive, or injure someone else? Criminal intent is an important element of all three degrees of this crime – barring the exception where the intent is presumed if you possess two or more fake credit or debit cards.

This defense will work better for some cases than others. If you are caught using a fake ID to sneak into a bar as an eighteen-year-old, you’ll probably have a hard time arguing that you didn’t intend to deceive the bouncer. There are other cases, however, where perhaps you could have a strong argument regarding a lack of criminal intent. For example:

Maybe you are an amateur filmmaker or actor, and you created a fake ID for a scene in your film. Your evidence could include other films you have worked on, and testimony from your colleagues that you made the ID for filming purposes only.

The criminal intent argument could even work for something as seemingly nefarious as a forged deed, contract, or invoice. You could argue that you accidentally filled it out incorrectly, and then held onto the unintentionally falsified document until you could shred it. Just because you possessed a forged instrument doesn’t mean you intended to use it.

Actual Knowledge

Can the prosecutor prove, beyond a reasonable doubt, that you knew the instrument in question was a forgery? It is only illegal to possess a forged instrument if you know or have good reason to know that it is forged. If you are unaware of the instrument’s falsehood, you are not criminally liable for possessing it. For example:

Perhaps you were caught using a counterfeit $20 bill, but you received it as a change from a local store and had no reason to believe it was a fake. You wouldn’t be guilty of attempting to defraud anyone; in fact, you yourself were defrauded.

Maybe a DMV system error resulted in an incorrect date of birth or address on your driver’s license. You might be able to argue you didn’t realize the mistake, and therefore didn’t know you were carrying a falsified document.

These are only broad suggestions. The best defense strategy will always be a unique one designed around your specific case by an experienced attorney.

Call us for help.

Don’t risk your future. These charges won’t go away on their own, and neither will the consequences if you’re convicted. Our defense attorneys know how to help you avoid fines, prison time, and career-ending consequences.

For questions about criminal possession of a forged instrument in New York, or to discuss your case confidentially with one of our criminal defense attorneys, do not hesitate to contact us. We’re here to help you every step of the way.

PRESS RELEASES

There are zero relevant press releases on the topic of Criminal Possession of a Forged Instrument. I’ve linked my search below as proof. The only two results are from 2011 and 2013, and neither of them is actually related to this crime. (They both just include the word “forge” to refer to “forging bonds” or “forging alliances.”)

https://www.justice.gov/news?sort=search_api_relevance&order=asc&keys=Criminal%20Possession%20of%20a%20Forged%20Instrument&items_per_page=25

SOURCES

http://ypdcrime.com/penal.law/article170.htm

https://www.secretservice.gov/investigation/

https://www1.nyc.gov/site/nypd/bureaus/investigative/detectives.page