Forgery in New York – Complete Guide

Forgery in New York refers to the act of falsely making, altering, or using a written document with the intent to defraud or deceive someone. This includes creating fake documents, altering real ones, or using false signatures to gain a benefit or cause harm.

Forgery can involve many types of documents such as contracts, checks, identification cards, certificates, or legal papers. The law aims to protect the integrity of written records and prevent fraud.

Common Types of Forgery

• Creating a fake document from scratch
• Altering a genuine document to change information (dates, amounts, names)
• Signing someone else’s name without authorization
• Using forged checks, licenses, or permits
• Submitting fake documents to government agencies or banks

Degrees of Forgery and Penalties

The severity of forgery charges depends on the type of document and the intended fraud:

• Forgery in the 2nd Degree
  • Class D Felony
  • Forging a public record, commercial instrument (like a check), or other important documents
  • Penalty: Up to 7 years in prison
• Forgery in the 3rd Degree
  • Class E Felony
  • Forging less significant documents with intent to defraud
  • Penalty: Up to 4 years in prison
• Forgery in the 4th Degree
  • Class A Misdemeanor
  • Lesser cases or attempted forgery
  • Penalty: Up to 1 year in jail

What the Prosecutor Must Prove

To convict for forgery, the prosecution must prove beyond a reasonable doubt that:

1. You falsely made, altered, or used a written document
2. The document was intended to be used or presented as genuine
3. You acted with intent to defraud, deceive, or injure someone
4. The document was of a nature that could cause legal or financial harm

Common Defenses

People accused of forgery may argue that:

• They had permission or authority to use or alter the document
• The document was not materially false or altered
• There was no intent to defraud or deceive
• The document was not actually used to commit fraud
• Mistake or misunderstanding about the document’s authenticity

Additional Consequences

• Restitution to victims for financial losses
• Permanent criminal record affecting employment and licensing
• Fines and court fees
• Possible loss of professional licenses depending on occupation