Forgery in the First Degree New York is a serious crime that carries significant penalties. This offense involves creating or altering a written instrument with the intent to defraud, deceive, or injure another person or entity. In other words, forgery in the first degree is a deliberate act of fraudulently altering or creating a legal document, such as a check, will, deed, or contract. Those found guilty of forgery in the first degree in New York can face severe consequences, including substantial fines and lengthy prison sentences. It is crucial for individuals to understand the legal definition and consequences of forgery in the first degree to avoid being accused and convicted of this crime. This Eastcoastlaws.com article will provide an overview of forgery in the first degree in New York, including its definition, elements, penalties, and defenses.
Basics Of New York Forgery In The First Degree
Forgery in the First Degree is without a doubt the highest and most serious crime in the category of forgery offenses in New York. The associated sentence for this “D” felony forgery charge is significantly longer than the sentences for forgery in the second and third degrees. None exists? Not a criminal record? not previously detained in New York or elsewhere? That is irrelevant from the perspective of the law. You might still spend up to 15 years behind bars in New York State. Despite the fact that New York Criminal Code 170.15 and the other two forgery felonies share many traits, there are several key differences between the offenses.
If you fabricate, complete, or change a written document with the aim to defraud or deceive another person, you are guilty of first-degree forgery, according to New York Penal Law 170.15, as well as any other degree of forgery. The written document must claim to be or represent one of the following things in order to fall under one of New York’s various categories of forgery:
- Part of an issue of money, stamps, securities or other valuables; or
- Part of an issue of stock, bonds, or other instruments representing interests in or claims against a corporate or other organization or its property.
Falsifying or manufacturing United States currency is one of the more frequent ways that First Degree Forgery is performed, however, it is not the only sort or variety that criminal lawyers and forgery defense attorneys in New York witness.
Punishment For Forgery In the First Degree
In New York, first-degree forgery is classified as a Class C felony. If found guilty of first-degree forgery, the offender faces a maximum term of 15 years in prison, a fine that cannot exceed $5,000 or twice their profits from the forgery, or both.
(N.Y. Penal Law § § 170.15, 70.00, 80.00.)
Defenses To First-Degree Forgery
First-degree forgery is a serious crime that involves creating or altering a legal document with the intent to defraud, deceive, or injure another person or entity. In New York, forgery in the first degree is a class C felony that can result in substantial fines and a prison sentence of up to 15 years.
If you are accused of first-degree forgery, there are several potential defenses that you can raise in court. Here are some common defenses to first-degree forgery:
- Lack of Intent: One of the key elements of first-degree forgery is that the defendant acted with the intent to deceive or defraud. If you did not have the intention to deceive or defraud, you may be able to argue that you are not guilty of forgery.
- Mistake: If you made a mistake while creating or altering a document and did not realize that it was illegal, you may be able to argue that you lacked the requisite intent to commit forgery.
- Consent: If you had the consent of the person or entity that the document was being altered for, you may be able to argue that you did not commit forgery.
- Lack of Knowledge: If you were not aware that the document you were altering was a legal document, you may be able to argue that you lacked the requisite knowledge to commit forgery.
- Entrapment: If you were induced to commit forgery by law enforcement, you may be able to argue that you were entrapped.
It is important to note that every case is unique, and the success of these defenses will depend on the specific circumstances of your case. If you are facing charges of first-degree forgery, it is crucial to consult with an experienced criminal defense attorney who can help you build a strong defense.
Hiring A New York Lawyer For First-Degree Forgery Case
If you are facing charges of first-degree forgery in New York, it is crucial to hire an experienced criminal defense attorney to represent you. A skilled attorney can help protect your rights, build a strong defense, and navigate the complex legal system.
Here are some reasons why you should consider hiring a New York lawyer for your first-degree forgery case:
- Knowledge of the Law: An experienced New York criminal defense attorney will have a deep understanding of the legal system and the specific laws that apply to your case. They can help you understand the charges you are facing, the potential consequences, and the best defense strategies to pursue.
- Experience with Forgery Cases: A lawyer who has handled forgery cases before will know what to expect and how to build a strong defense. They will understand the evidence that the prosecution is likely to present and how to challenge it.
- Access to Resources: A reputable New York law firm will have access to a range of resources, including investigators, expert witnesses, and other professionals who can help build a strong defense.
- Protection of Your Rights: Your attorney will work to protect your rights throughout the legal process. They will ensure that you are not coerced into making statements, that your rights are respected during questioning, and that any evidence obtained through illegal means is suppressed.
- Negotiation with Prosecutors: In some cases, it may be possible to negotiate a plea bargain with the prosecution to reduce the charges or penalties. An experienced criminal defense attorney can help you understand your options and negotiate with prosecutors to achieve the best possible outcome.
Facing charges of first-degree forgery in New York is a serious matter that requires the assistance of a skilled criminal defense attorney. If you are in this situation, it is important to act quickly and consult with an experienced lawyer to protect your rights and build a strong defense.