Elements of a New York Fraud Cause

If a person possesses a forged instrument, knows that it is forged, and has the intent to deceive, defraud, or injure another person, then a crime of fraud is constituted. Possessing a forged government-issued identification would classify as a D felony, punishable by between two and a third to seven years in prison. The misdemeanor crime of forgery or possessing a forged instrument is an A misdemeanor.

There are many elements of a New York fraud case beyond the classification of a standard fraud case. To understand the many variables associated with processing such a claim, it is important to contact a fraud attorney in New York City as soon as possible.

Bringing Forward the Charge

When bringing forward the charge, it is important to know that a person cannot be convicted with both the making and the possession of a forged instrument. This is a crucial element that an individual should be aware of before moving forward with any legal proceedings related to their case.

The person will be convicted of just one of them. However, they are convicted for every document, instrument, identification, et cetera. There is also a charge dealing with the forged possession of cash or currency.

Another element of a New York fraud charge is crimes related to identity theft. Depending on the severity of the charge, an individual could be facing either third, second, or first-degree identity theft charges in the state of New York.

Presumption of Guilt

Further, law enforcement can presume that if an individual possesses two or more forged instruments, a credit card and a debit card, for example, then they may have been intending to defraud someone else.

However, this presumption is not mandatory. That means that a fact finder, such as a jury, does not have to accept this presumption as reality. Regardless, it is not something good to have to contend with either due to the fact that the existence of multiple forged instruments does not normally play out well for the individual accused. This particular element of a fraud charge in New York City can often make the legal process difficult on the accused individual’s behalf.

Misdemeanor Accusation

In New York, if a person intends to defraud another, assumes the identity of that other person by presenting themselves as that person, acting like them, using personal identifying information of that other person or obtaining any of their property, the crime is automatically charged as a Class A misdemeanor.

No matter the value of the item frauded or taken, an individual will be charged with a  misdemeanor. This is an important element of a New York fraud charge, as an individual may not believe they would be guilty of anything if they stole something worth $10, for example, however, this is a crime.

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