New York Forgery Lawyer
Forgery is defined as when a person has the intent to defraud, deceive, or injure somebody. In doing this, an individual makes, completes, or alters a written instrument. This alone is a misdemeanor.
What enhances such a charge is when an individual makes a complete written instrument with the intent to defraud, deceive, or injure another person. A written instrument can be defined as something like a will, a deed, a contract, and any type of commercial instrument.
If you are facing a forgery charge, it is important to consult with a New York Fraud lawyer as soon as possible. Only an experienced New York City forgery attorney can craft a defense to help lessen or dismiss any penalties you may be facing.Essential Evidence
To prove a charge of forgery, the prosecution must show that the individual intended to deceive or defraud another person. Secondly, that individual must have made or altered a written instrument.
For example, if a person has a fake check or fake currency, it may be difficult for the prosecution to prove that the person is not the victim themselves. They may not have known that the instrument was forged or faked, had thought they had permission to sign another name, or did not believe their acts were fraudulent.
The DA's office must prove that the individual altered the instrument and knew that it was unlawful with the intent to deceive another person. If the instrument was altered but the person had no intention of deceiving another, then it is not a crime.
The person may have known it was improper, but the instrument was never altered. All of these elements must be taken into consideration by a New York forgery attorney when building an effective defense.Written Instruments
If the written instrument is a government issued document, such as a driver's license, a public record that needs to be filed with a public office, a prescription from a physician for administering drugs or medication, or anything that gives or affects a legal right or status, then the charge is escalated to a felony in the second degree.
If the individual is also drafting or making this written instrument with the intent to defraud or deceive, and it is cash, United States currency, or a treasure check from United States government, the charge becomes a Class C felony that carries between five and 15 years in prison.
To best understand the circumstances surrounding the charge, it is imperative to contact a New York forgery lawyer.Future Implications
Fraud is deceit, dishonesty, lying, or misrepresentation. If the person does not have credibility in the future when they are looking for a job, trying to maintain a job, supporting their career, or supporting their family, the individual is going to be branded in a negative light.
If the person is not an American citizen, these are the types of crimes—whether they are incarcerated or not—that can lead to their status being revoked. This is no matter if that is a visa status, or their inability to become a citizen, be naturalized, or simply to stay in the United States.
If the person ultimately is incarcerated, then they could be in prison depending on the nature of the crime. This is a consequence of up to 15 years in prison just by the possession of certain types of forged instruments, or the making of certain forged instruments.
There is a big risk of some form of incarceration with this charge, which should only be argued by a New York forgery attorney. If there are monetary damages, the person may have to pay back restitution.Benefit of an Attorney
Any individual accused needs to hire a forgery lawyer in New York City who is experienced in this type of area.
Otherwise, the person is at a greater risk of incarceration and a greater risk of legal issues in terms of their status in the United States and their ability to either secure or maintain not just employment but professional licensing, such as in the financial sector, or as a physician, lawyer, nurse, or teacher.
An experienced New York forgery lawyer will have handled these types of crimes before. An individual should seek out someone that has successfully prosecuted these claims, analyzed the proper defense, avoided incarceration, avoided felony pleas, and avoided misdemeanors. Obtaining the right forgery attorney in New York City is crucial in lessening any potential consequences of the crime.