Forgery in the Second Degree is a serious offense in the state of New York, carrying potentially significant legal consequences. It is a type of fraud that involves falsifying or altering a legal document, such as a check or contract, with the intent to deceive others. This crime can result in financial losses for individuals, businesses, and even government entities. If you are facing charges for forgery in the second degree in New York, it is essential to understand the nature of the offense, the potential penalties, and the legal defenses available to you. In this article, Eastcoastlaws.com will explore the basics of forgery in the second degree New York and what you should know if you are facing these charges.
Basics Of Forgery In the Second Degree
Examining Forgery in the Third Degree first can help you grasp Second Degree Forgery in New York much more simply. Once you have that basis, you can build New York Criminal Code 170.10, Forgery in the Second Degree, by adding particular written instruments. However, despite how simple it may appear, it will be difficult for you, a defendant under investigation for or charged with second-degree forgery, to comprehend this offense and your arrest charges.
You can only be found guilty of breaking New York Penal Law 170.10 if you intended to harm, swindle, or deceive another person. This is similar to the less serious but potentially crippling sister crime of Forgery in the Third Degree, New York Penal Law 170.05. Also, you must falsely create, finish, or modify a written instrument with this intention. But, these written documents are of a more particular kind than those discovered in the misdemeanor offense. These writings must truly be, or purport to be, what follows:
- A deed, will codicil, contract, assignment, commercial instrument, credit card or other instrument which does or may evidence, create, transfer or terminate or otherwise affect a legal status, right, interest or obligation. Reading this definition should make it overwhelmingly clear that many items fall into this subsection. As a result, many Second Degree Forgery crimes are prosecuted pursuant to this theory.
- 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.
- A written instrument official issued or created by a public office, public servant or governmental instrumentality.
- Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of valuable usable in place of money or the purchase of property or services. An example under this section of Second Degree Forgery may include a Metro Card.
- A prescription of a duly licensed physician or other person authorized to issue the same for any drug. Not limited to the following example, but forging the name of a physician, drafting a fake prescription pad or even altering the number or amount of a particular drug would violate this subsection of Forgery in the Second Degree.
It is important to remember that several violations of Criminal Law may be based on the same written document in a PL 170.10 case. In turn, this means that if you fake a passport from the US, the PRC, or even a driver’s license from any state, you may be breaking more than one law at once, such NY PL 170.10(1) and NY PL 170.10, for example (2). Although the punishment you would receive wouldn’t be consecutive if it resulted from the same written document, it offers the prosecution more opportunities to prove their case.
Punishment For Forgery In the Second Degree
Second-degree forgery in New York is a Class D felony offense. If found guilty of second-degree forgery, the offender may be sentenced to a maximum of seven years in prison, a fine of $5,000 or double what they gained from the forgery or both.
(N.Y. Penal Law § § 170.10, 70.00, 80.00.)
Defense To Forgery In Second Degree
Forgery in the second degree is a serious criminal offense in New York that involves the creation or alteration of a written instrument with the intent to defraud, deceive, or injure another person or entity. In New York, forgery in the second degree is a class D felony, and those convicted can face substantial fines and a prison sentence of up to 7 years.
If you have been accused of forgery in the second degree, there are several defenses that you may be able to raise in court. Here are some common defenses to forgery in the second degree:
- Lack of Intent: To be convicted of forgery in the second degree, the prosecutor must prove that you acted with the intent to defraud or deceive. If you did not have the intent 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.
Hiring A Lawyer For Forgery in the Second-Degree New York Case
If you have been accused of forgery in the second degree in New York, it is essential to hire a qualified criminal defense attorney as soon as possible. Forgery in the second degree is a serious crime that carries the potential for significant fines and imprisonment, and a conviction can have long-lasting consequences.
Forgery in the second degree occurs when someone with the intent to defraud creates or alters a written instrument, such as a check or a contract, with the intent to deceive or harm another person. This crime is classified as a Class D felony in New York, which can result in up to seven years in prison and a maximum fine of $5,000.
When hiring a lawyer for forgery in the second degree in New York, it is important to choose an attorney with experience in criminal defense and a deep understanding of the state’s laws and court system. A lawyer with a track record of successfully defending clients against forgery charges can provide you with the best chance of a favorable outcome in your case.
Your lawyer will work to build a strong defense on your behalf, which may include challenging the evidence against you, negotiating a plea deal, or advocating for a reduced sentence. Your lawyer may also be able to help you avoid conviction altogether, by demonstrating that the prosecution has not met its burden of proof or by raising issues with the way in which your case was investigated or prosecuted.
In addition to legal expertise, your lawyer should also be someone with whom you feel comfortable communicating and who is committed to protecting your rights and interests. Your lawyer should be available to answer your questions, provide guidance, and explain the legal process in a way that is easy for you to understand.
Overall, if you are facing charges of forgery in the second degree in New York, hiring a qualified criminal defense attorney is crucial to protecting your rights and achieving the best possible outcome in your case.