Forgery in the Third Degree
Fraudulently sign a receipt in someone else’s name for a $20.00 item at CVS or Duane Reade? You may be guilty of Third Degree Forgery. Scratch out your date of birth on your drivers license? You may be guilty of Forgery in the Third Degree. Alter your grades in a transcript for a job? You may be guilty of New York Penal Law 170.05. In fact, not only may you be guilty of Third Degree Forgery if you alter or create any written instrument, you may be guilty of a more serious felony offense depending on the type of instrument you are alleged to have forged.
According to the New York Penal Law, you are guilty of NY PL 170.05 if and when you have the intent to defraud, deceive or injure another person, you falsely make, complete or alter a written instrument. Although all of these elements are addressed on Saland Law’s New York Forgery Information page, because of the nature of this crime and each of the elements that compose it, it is crucial to fully scrutinize the allegations and your conduct to see if it fits within the scope of the criminal law.
- New York Forgery Information Page
- Forgery in the Second Degree: New York Penal Law 170.10
- Forgery in the First Degree: New York Penal Law 170.15
- Criminal Possession of a Forged Instrument: New York Penal Law Article 170
Applicable to all degrees of Forgery as well as Criminal Possession of a Forged Instrument, it is important to examine how the prosecution intends to prove or has evidence of your “intent to defraud.” Who do the police claim you were intending to defraud or deceive? How was switching a name or number on a form proof of this intent? Beyond this piece, is the item you are alleged to have forged a “written instrument” in the eyes of the law. For example, while it may be a crime to make a fake dollar bill or NYS Drivers License, can the same be said if either one of those are so obviously fake that they would not fool a teenager? Alternatively, can you be guilty of Forgery for making or creating a fake form of identification for a country, state or municipality that doesn’t even exist? Even beyond these questions, how can law enforcement prove you were the one who actually committed the alleged Forgery as opposed to merely possessing the written instrument after the fact?Additional Forgery Resources: newyorkcriminallawyer-blog.com
- New York Credit Card Fraud: Forgery & Forged Instrument Crimes
- Understanding “Intent to Defraud” in a New York Forgery Arrest
- Forgery & Spam Email Spoofs: Limiting the Scope of Forgery Crimes
- Using Someone Else's Credit Card: Signing That Receipt Could be Forgery
- Drafting Bogus Drug Prescriptions: Related Forgery Crimes
Because a lot is on the line in terms of what criminal record you may have going forward in life and whether or not you will be sentenced to a year in jail if convicted of Third Degree Forgery, the sooner you implement your defense the better off you will likely be. Educate yourself on the New York Penal Law. Understand the practical application of NY PL 170.05 in the New York courts. Review Saland Law’s newyorkcriminallawyer-blog.com and Forgery Information page. Protect yourself now to protect your future tomorrow.