In New York, any crime relating to forgery is taken seriously. You might be under the impression that adjusting a parking permit or altering details on a MetroCard are insignificant crimes – but even these low-level forgery offenses can potentially carry a jail sentence.

Here, we’ll explore criminal possession of a forged instrument crimes in more detail – looking at some examples of how the law is applied, the kind of punishments that can be handed down, which defense strategies might apply, and what your next steps should be if you’re facing this kind of charge.

What is criminal possession of a forged instrument?

Criminal possession of a forged instrument is covered by Article 170 of the New York Penal Law – Forgery and Related Offenses.

The wording of the law is a little different depending on the severity of the charge you’re facing, but the core message is the same:

A person is guilty of criminal possession of a forged instrument (…) when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument.

‘Forged instruments’ in this context generally relates to documentation or officially issued cards, badges, passes, and so on. Some examples include:

• Drivers license
• Counterfeit license plates
• Credit cards
• Medical records
• Parking permits

What are the different degrees of criminal possession of a forged instrument charge?

New York Penal Law outlines three different charges that can be brought if you are accused of criminal possession of a forged instrument.

Criminal possession of a forged instrument in the third degree

Typically, forged instrument in the third degree crimes relate to the adjustment of an official driver’s license and an attempt to use the ID to access or purchase alcohol before the age of 21.

To secure a criminal conviction, New York prosecutors must prove that you possessed the item, knew the item you possessed was forged, and that you had an intent to defraud, deceive or injure another by using the item.

There doesn’t have to be a specific ‘other’ person or business that the individual intends to defraud – it is enough to prove that the person simply had an intent to defraud any person or business.

Criminal possession of a forged instrument in the third degree is a class A misdemeanor forgery crime and can result in up to one year in jail.

Criminal possession of a forged instrument in the second degree

The kinds of instruments that could potentially bring a second-degree criminal possession of a forged instrument charge are wide-spanning, and include:

• Credit cards
• Medication prescriptions
• Contracts
• Deeds
• Forged checks
• Counterfeit tickets
• Records for public filing
• Public transportation cards/passes

Again, to secure a criminal conviction, New York prosecutors must prove that you possessed the item, knew the item you possessed was forged, and that you had an intent to defraud, deceive or injure another by using the item.

New York Penal Law allows for a legal ‘presumption’ of intent to defraud, deceive or injure another if you are found to be in possession of more than one forged credit or debit card. A jury does not have to follow this presumption – but it could be very damaging to your defense if this presumption of guilt is highlighted in court.

For a first time offender, criminal possession of a forged instrument in the second degree is a class D non violent felony, carrying a sentence of up to 7 years in prison.

Criminal possession of a forged instrument in the first degree

First-degree criminal possession of a forged instrument crimes are those which relate to specific written instrument types, including:

• Money
• Securities
• Bonds
• Stocks
• Valuable instruments issued by the government

Even for a person with no prior felony convictions, criminal possession of a forged instrument in the first degree is a class C felony, carrying a possible sentence of up to 15 years in prison.

However, as per third and second-degree crimes, the prosecution will have to prove possession, knowledge of the forgery, and intent to defraud.

Does a criminal possession for a forged instrument conviction mean you’re going to jail?

Although jail or state prison time is a real possibility if you’re found to be guilty of criminal possession of a forged instrument, these are worst-case sentencing scenarios – even for first degree crimes.

The court handling your case will have a variety of sentencing options, including a lesser custodial sentence, a split of jail and probation time, or, in some cases, just straight probation.

You may be able to avoid jail time – but it is absolutely essential that you speak to a New York Criminal Possession of a Forged Instrument Lawyer as quickly as possible after your arrest or if you suspect you will soon face arrest. 

Criminal possession of a forged instrument: Defenses

As you can already see, there are a series of facts that a prosecution must establish as being present in your case to secure a conviction. They are:

• That you were in possession of the forged instrument in question
• You were aware that the instruments were forged
• You intended to use said instruments to defraud, deceive or injure another

The possession element of the charge may be difficult to dispute – but it can be very difficult for prosecutors to prove your intent to defraud. Beyond the act of possession, is there any evidence demonstrating intention?

For instance, if you are found to have a counterfeit credit card in your wallet when stopped by police – this could be viewed very differently from being apprehended by police while in a store trying to use the same card.

Likewise, a single counterfeit banknote among a number of real notes could be looked at very differently than if your wallet was found to be full of counterfeit banknotes.

There is no single cover-all defense that a New York criminal lawyer should attempt when considering a criminal possession of a forged instrument charge. Instead, a good attorney will look carefully at the charge, the evidence, and your circumstances – making sure the New York law works for you – not against you.

Are you facing a criminal possession of a forged instrument charge?

If you’re facing a criminal possession of a forged instrument charge of any degree, it’s vital that you speak to an experienced criminal law firm without delay.

Here at the Law Offices of Julie Rendelman, we have successfully represented people facing both misdemeanor and felony forgery charges. While results are never guaranteed, in some cases, people have walked away after the prosecution failed to prove an element of the charge. In other cases where the prosecution had compelling evidence, we’ve been able to help clients avoid jail time and even avoid a criminal conviction.