NYC Forgery Attorney

Facing forgery charges in NYC is a frightening experience. The possible fines, jail time, and a permanent criminal record are enough to keep anyone awake at night, but you don’t have to face the fear alone. 

Forgery in NYC can be a misdemeanor or a felony, up to 15 years in state prison for the most serious convictions. That’s why you need experienced New York forgery lawyers who know the NY Penal Law and can build a defense for your case.

As a former NYC prosecutor, attorney Mehdi Essmidi knows the ins and outs of forgery cases and the consequences of a conviction. Whether you’re dealing with forged instruments, criminal possession of forgery devices, or any other forgery charge, we’re here to provide you with the tough and smart defense you need. Call us today for a free consultation.

Forgery Under New York Law

New York Penal Law § 170.00 defines forgery as creating, altering or possessing a “written instrument” with the intention to defraud, deceive, or injure another. “Written instruments” could be:

• Legal documents
• Financial instruments (checks, bonds, stocks)
• Identification documents (fake IDs, fake passports)
• Contracts
• Wills
• Public records

Types of Forgery Charges in New York

Forgery has different degrees with different penalties:

Third Degree Forgery — NY Penal Law § 170.05

Third-degree forgery, a class A misdemeanor, is the least serious forgery charge in New York. A person is guilty of this crime when, with intent to defraud, deceive, or injure another, they make or alter a written instrument. 

This could be signing someone else’s name on a check without permission, altering the amount on a receipt, or creating a fake doctor’s note for work or school. 

Convicted individuals can face up to 1 year in jail, a fine of up to $1,000 or double the amount of the defendant’s gain from the crime (whichever is higher), and up to 3 years of probation.

Second Degree Forgery — NY Penal Law § 170.10

Second-degree forgery is a class D felony that involves falsely making, completing, or altering specific documents. These include deeds, wills, contracts, credit cards, public records, officially issued documents, transportation tokens, or medical prescriptions. 

For example, forging a will or deed to property, creating a fake prescription for controlled substances, or altering a public record such as a birth certificate would fall under this category. 

The penalties for this class D felony can lead to up to 7 years in state prison, a fine of up to $5,000 or double the amount of the defendant’s gain from the crime (whichever is higher). 

First Degree Forgery — NY Penal Law § 170.15

First-degree forgery is a class C felony and the most serious forgery charge in New York. This crime involves falsely making, completing, or altering money, stamps, securities, or other valuable instruments issued by a government or stocks and bonds representing interests in or claims against a corporation or other organization. 

Examples include counterfeiting money, forging government-issued stamps, securities, or creating fake stock certificates or bonds. As a class C felony, it can lead to up to 15 years in state prison, a fine of up to $5,000 or double the amount of the defendant’s gain from the crime (whichever is higher), and up to 5 years of probation.

Third Degree Criminal Possession of a Forged Instrument (NY Penal Law § 170.20)

This is classified as a misdemeanor, when a person knowingly has a forged instrument with intent to defraud. This could be, for example, if someone knowingly carries a fake ID or driver’s license to use to misrepresent their age.

Second Degree Criminal Possession of a Forged Instrument (NY Penal Law § 170.25)

This is a class D felony, with penalties of up to 7 years in prison. It involves possessing specific types of forged instruments with the intent to defraud. These instruments include public records, prescriptions, handicapped parking permits, and credit cards. For example, possessing a forged prescription to obtain controlled substances illegally would fall under this category.

First Degree Criminal Possession of a Forged Instrument  — NY Penal Law § 170.30

This is a class C felony and is up to 15 years in prison. It involves possessing forged money, stamps, stocks, or other securities with the intent to defraud. For example, knowingly possessing counterfeit currency to use for purchases.

Criminal Possession of Forgery Devices — NY Penal Law § 170.40

Criminal Possession of Forgery Devices is another charge that often accompanies forgery charges. This class D felony involves possessing any device, apparatus, or equipment specifically designed for use in counterfeiting or forging written instruments and can lead to up to 7 years in prison.

Illegal Chop Shops — NY Penal Law § 165.10

Also called auto-stripping under NY law, illegal chop shops are not exactly document forgery, but they are often linked to forgery cases when they involve vehicle identification numbers (VINs) or other automotive documents. Operating or owning a chop shop is a class D felony with up to 7 years in prison.

Defenses to Forgery Charges

When charged with forgery in New York, a good defense is crucial. At The Law Offices of Mehdi Essmidi, we use various defense strategies depending on the facts of your case. Here are some common defenses to forgery charges:

Lack of Intent to Defraud

Intent is the key in forgery cases. The prosecution must prove beyond a reasonable doubt that you intended to defraud, deceive, or injure another. 

No Knowledge

In some cases you may have possessed or used a forged document without knowing it. 

Challenge the Evidence

The prosecution’s case is built around the forged document. We can challenge the evidence by questioning the document’s chain of custody and the methods used.

Constitutional Violations

If law enforcement violated your constitutional rights during the investigation or arrest, we may be able to suppress evidence or get the case dismissed.

Other White-Collar Crimes We Have Experience With

Besides forgery crimes, our attorneys have years of experience working on similar while-collar cases such as embezzlement, money laundering, and ponzi schemes. We’re one phone call away. Get in touch.

How a New York Forgery Lawyer Can Help

A NYC forgery attorney can help you make informed decisions about possible defenses to pursue and ensure all avenues are considered. Facing forgery charges in NYC can be challenging, but our team is here to ensure you don’t have to go through it alone. At The Law Offices of Mehdi Essmidi, we have the experience and commitment to fight for the best outcome for your case. Contact us today for a free consultation.