[1] In New York forgery is separated into three degrees: 3^rd degree (Penal Law 170.05) an “A” misdemeanor; 2^nd degree (Penal Law 170.10) a class “D” felony; 1^st degree (Penal Law 170.15) a class “C” felony.

Similar to forgery, criminal possession of a forged instrument is defined as when an individual “with knowledge that it is forged and with intent to defraud, deceive or injure another, utters or possesses a forged instrument”.[2] Criminal possession of a forged instrument is also separated into three degrees: 3rd degree (Penal Law 170.20) an “A” misdemeanor; 2nd degree (Penal Law 170.25) a class “D” felony; 1st degree (Penal Law 170.30) a class “C” felony.

The factor that determines which degree of forgery or criminal possession of a forged instrument an individual is charged with is the type of written instrument that is forged or possessed. Thus, forgery will be increased from 3^rd degree to 2^nd degree when the instrument forged is a deed, will, contract, credit card, public record, or prescription. Forgery will be increased from 2^nd degree to 1^st degree when the instrument forged is actual currency, stamps, stocks, or bonds.[3] The same is true for criminal possession of a forged instrument, thus the instrument possessed is a forged will, contract, credit card, public record, or prescription the criminal possession charge will be increased from 3^rd degree to 2^nd degree. If the forged instrument possessed is actual currency, stamps, stocks, or bonds, then the individual will be charged with 1^st degree criminal possession of a forged instrument.

A common issue in the realm of criminal forgery is the use or possession of credit and debit cards. Normally, in order to be charged with possession of a forged instrument the government must prove knowledge that the instrument is forged, and intent to defraud or injure. However, when an individual is found in possession of two or more forged credit/debit cards, the individual is presumed under the law to have both knowledge that they are forged, and the requisite intent to defraud or injure (financially). This means that many times innocent individuals in possession of cards that have been forged by someone else, end up accused of 2^nd degree criminal possession of a forged instrument.[4]

Penalties for forgery and criminal possession of a forged instrument vary significantly with each degree. However for each corresponding degree of forgery and criminal possession of a forged instrument the penalties are the same. Thus forgery in the 3^rd degree and criminal possession of a forged instrument in the 3^rd degree are both punishable by either one (1) year in jail, or three (3) years on probation, and with a maximum fine of $1,000. 2^nd degree is punishable by either up to seven (7) years in state prison, or five (5) years of probation, and with a maximum fine of $5,000. 1^st degree is punishable by either up to fifteen (15) years in state prison, or five (5) years of probation, and with a maximum fine of $ 5,000.[5]

Forgery 3^rd Degree (PL § 170.05) in Albany

“A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument.”

Forgery 2^nd Degree (PL § 170.10) in Albany

“A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or
2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant; or
3. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or
4. Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or
5. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law.”

Forgery 1^st Degree (PL § 170.15) in Albany

“A person is guilty of forgery in the first degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

1. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality; or
2. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property.”

Criminal Possession of a Forged Instrument 3^rd Degree (PL 170.20) in Albany

“A person is guilty of criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument.”

Criminal Possession of a Forged Instrument 2^nd Degree (PL 170.25) in Albany

“A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.10.”

Criminal Possession of a Forged Instrument 1^st Degree (PL 170.30) in Albany

“A person is guilty of criminal possession of a forged instrument in the first degree when, with knowledge that it is forged and with intent to defraud, deceive or injures another, he utters or possesses any forged instrument of a kind specified in section 170.15.”

Conclusion

Whether you were modifying a college transcript in order to gain employment, or in possession of credit cards that you did not know were forged, having a competent team of Albany attorneys at your side is essential if you are charged with any degree of forgery or related crime. Forgery carries the possibility of significant jail or prison time, and involves the application and litigation of complex legal principles. An experienced criminal defense attorney by your side will ensure your rights are not violated, that the law is applied correctly, and will utilize any viable defense that is appropriate given the facts of your case.

[1]People v. Levitan, 49 N.Y.2d 87, 90 (1980)
[2] New York Penal Law Section 170.20
[3] New York Penal Law Article 170
[4] New York Penal Law Section 170.27
[5] New York Penal Law Title E