Criminal Possession Of A Forged Instrument Frequently Asked Questions

by ECL Writer
Criminal Possession Of A Forged Instrument Frequently Asked Questions

Criminal Possession of a Forged Instrument (CPFI) is a serious crime that can result in severe legal consequences. In this article, Eastcoastlaws.com will address some frequently asked questions about CPFI to help you better understand this offense.

What Is Criminal Possession Of A Forged Instrument (CPFI)?

Criminal Possession of a Forged Instrument is a crime that involves knowingly possessing a forged instrument with the intent to defraud or deceive another person. A forged instrument is any writing or document that has been falsely made, completed, or altered with the intent to deceive.

What Is An Example Of A Forged Instrument?

Some examples of a forged instruments include:

  • A fake ID or driver’s license
  • A counterfeit check or money order
  • A forged contract or legal document
  • A falsified prescription for medication

What Are The Penalties For CPFI?

The penalties for CPFI vary depending on the severity of the crime and the jurisdiction where the offense occurred. In general, CPFI is classified as a felony offense, which means that a conviction can result in a prison sentence of one year or more. The severity of the crime and the penalty may also depend on the type of forged instrument and the amount of money involved.

The most common of all crimes involving Criminal Possession of a Forged Instrument is also the least significant (if there is such a thing in the criminal law). Criminal Possession of a Forged Instrument in the Third Degree pursuant to New York Penal Law 170.20 is an “A” misdemeanor punishable by as much as one year in jail. This misdemeanor conviction will not be expunged from your record on a later date merely because it is not a felony offense.

The mid-level offense involving Criminal Possession of a Forged Instrument is a Second Degree crime. A significant jump from the Third Degree offense, New York Penal Law 170.25 is a “D” felony. If a felony record is not serious enough, the crime is punishable by up to seven years in state prison. “Fake ID crimes” and fraudulent credit cards technically fall into this category.

The most serious crime of Criminal Possession of a Forged Instrument is the First Degree offense. Criminal Possession of a Forged Instrument in the First Degree, pursuant to New York Penal Law 170.30 is a “C” felony punishable by as many as fifteen years in state custody. The most common manner in which this degree is perpetrated is when the forged item in question is currency from the United States, i.e., you have counterfeit money.

What Is The Difference Between Forgery And CPFI?

Forgery and CPFI are two related but distinct crimes. Forgery involves creating a false document with the intent to deceive or defraud another person, while CPFI involves possessing a forged instrument with the intent to deceive or defraud another person. In other words, forgery is the act of creating a forged instrument, while CPFI is the act of possessing a forged instrument.

What Is The Intent Requirement For CPFI?

To be convicted of CPFI, the prosecutor must prove that the defendant possessed the forged instrument with the intent to defraud or deceive another person. Intent can be proven through direct evidence, such as a confession or an admission, or through circumstantial evidence, such as the defendant’s actions or statements.

Can A Person Be Charged With CPFI If They Did Not Know The Instrument Was Forged?

Yes, a person can be charged with CPFI even if they did not know that the instrument was forged. However, the prosecutor must still prove that the defendant had the intent to defraud or deceive another person. If the defendant can demonstrate that they did not know the instrument was forged and had no intent to defraud or deceive, they may be able to successfully defend against the charges.

What Should I Do If I Am Charged With CPFI?

If you are charged with CPFI, it is important to seek legal representation from an experienced criminal defense attorney as soon as possible. Your attorney can review the facts of your case and help you understand your legal options. They can also help you develop a strong defense strategy and negotiate with the prosecutor on your behalf.

Is It Possible To Get A CPFI Charge Expunged From My Record?

Whether or not a CPFI charge can be expunged from your record depends on the specific laws of your jurisdiction. In general, expungement is only available for certain types of offenses and is not available for all types of felony convictions. If you are interested in having a CPFI charge expunged from your record, you should consult with an experienced criminal defense attorney in your area.

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