Forgery In The Third Degree New York

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

Fraudulently sign a receipt at CVS or Duane Reade for a $20.00 item in someone else’s name? You can be guilty of forgery in the third degree. Do you scratch your birthdate off your driver’s license? You might be guilty of third-degree forgery. For a job, would you change the grades on your transcript? It’s possible that you broke New York Penal Code 170.05. In fact, depending on the type of written instrument you are accused of forging, you may be charged with a more serious felony offense in addition to Third Degree Forgery if you change or fabricate any written instrument.

According to New York Penal Code 170.05, forgery in the third degree is a misdemeanor offense that is punishable by up to a year in jail. It makes no difference whether you had a Desk Appearance, also known as a DAT, or whether you were detained for up to 24 hours before speaking before a judge in a criminal court in Manhattan, Brooklyn, the Bronx, or Queens. It is the same offense. It’s a common misconception that crimes involving New York forgeries entail larger White Collar frauds or conspiracies, however, this is simply untrue. The effects on your career, way of life, and future are the same no matter what you are accused of forging (it must be a “written instrument” as handled below).

NY Penal Code 170.05 – Third Degree Forgery In New York

Third-degree forgery has a reasonably straightforward legal concept. If you falsely make, finish, or amend a written instrument with the intent to defraud, deceive, or harm another person, you are in violation of New York State Criminal Code 170.05. To be clear, this code does not demand that you have finished creating the intended change or that you are ten, fifty, or ninety percent finished.

Hence, the modification need not be significant. You risk up to a year in jail and a permanent criminal record if you falsely make or alter any written document with the intent to deceive or commit fraud, including a passport, identification card, bank statement, check, MetroCard, etc.

An item that can be used to benefit you or hurt someone else is a written instrument. It could be something that establishes a privilege, right or valuable thing. This written document is frequently some type of identification in the context of Desk Appearance Tickets, such as a forged ID, passport, or driver’s license, but it is not exclusively one of these things. In reality, such forgery acts are technically felonies. The written piece can be finished or unfinished, i.e., a work in progress or incomplete, as long as the reader understands what it is intended to convey.

Penalties And Defenses To Third-Degree Forgery In New York

The repercussions of a Forgery arrest are severe, to put it simply. Any other claim would be deceptive. Do you have to go to jail if you’re detained for violating PL 170.05? Is there an automatic cure for Third Degree Forgery, such as a DAT or full processing? The answer to each of these queries is “no,” however there may be irreparable harm to people in the legal, medical, and financial fields, particularly those who are subject to FINRA or FDIC regulation.

Complicating matters, whether a first-time offender or not, a conviction may qualify as an “immigration crime of moral turpitude.” Without a criminal record, a person is unlikely to receive a jail sentence, but depending on the forgery act and the instrument being forged, a criminal conviction is a possibility. Owing to these very real risks, you must always be ready to contest the circumstances surrounding your arrest, the type of evidence used by the prosecution, and, if necessary, your personality and past.

Do yourself a huge favor if you are ever detained in New York for forgery of any kind, whether it be a misdemeanor or crime. Arrive prepared with information and a strategy to refute the accusations. If you don’t, you risk receiving a “Scarlet Letter” criminal conviction and a lifetime of regret.

Hiring A Criminal Lawyer For Third Degree Forgery In New York

If you are facing charges of third-degree forgery in New York, it is crucial to hire an experienced criminal defense lawyer to represent you in court. Forgery is a serious crime that can carry severe penalties, including hefty fines and possible imprisonment. In New York, forgery in the third degree is classified as a Class A misdemeanor and can result in up to one year in jail and a fine of up to $1,000.

A criminal defense lawyer with experience in forgery cases will have a deep understanding of the legal system and how to defend your case. They will work to protect your rights and interests and build a strong defense strategy on your behalf.

Your lawyer will investigate the charges against you, examining the evidence and interviewing witnesses. They may also consult with experts to identify flaws in the prosecution’s case and to develop a defense that is tailored to your specific circumstances.

Your lawyer may be able to negotiate with the prosecution to have the charges against you reduced or even dropped entirely. In some cases, they may be able to work out a plea bargain that will allow you to avoid jail time or other serious penalties.

If your case goes to trial, your criminal defense lawyer will represent you in court and fight for your rights. They will present evidence and cross-examine witnesses to build a strong case in your defense.

In addition to legal expertise, your criminal defense lawyer should be someone you trust and feel comfortable working with. They should be available to answer your questions and explain the legal process in a way that is easy for you to understand.

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