Criminal Possession of a Forged Instrument in New York

Possessing a forged instrument is charged under two different statutes in New York, and the difference between a misdemeanor and a felony has nothing to do with how much money was involved — it depends entirely on what kind of paper it was. Roughly 450 of these cases a year move through Nassau and Suffolk County District Court. If you have been charged, call Hochhauser Criminal & DWI Defense at 516-939-1529.

Penalties: which forged instrument you had

No dollar amount appears anywhere in either statute. No actual loss is required. A forged instrument worth nothing at all is a Class D felony if it falls into one of the listed categories.

What turns a misdemeanor into a felony

PL 170.25 applies where the forged instrument is of a kind specified in PL 170.10. There are five categories, and the first one is why so many of these cases are felonies:

• A deed, will, codicil, contract, assignment, commercial instrument, credit card, or any other instrument that affects a legal right, interest, obligation or status. A forged check is a commercial instrument. A credit card is named outright.
• A public record, or an instrument required or authorized by law to be filed with a public office.
• An instrument officially issued or created by a public office or government body — a driver’s license, a registration, a government ID.
• Tokens, transit transfers, or articles designed for use as symbols of value in place of money.
• A prescription for a drug requiring one.

The practical consequence: passing a counterfeit twenty is a misdemeanor, while possessing a fake driver’s license or a forged check is a felony, even though the twenty is worth more than the license.

The two mental states the People must prove

Both degrees require the same two things, and both are frequently the whole case:

• Knowledge that the instrument is forged. Actual awareness. Possession alone does not establish it, and this is where most defensible cases live.
• Intent to defraud, deceive or injure another. Note the statute is disjunctive — intent to deceive is enough, even without any financial loss to anyone.

Defenses to a forged instrument charge

• You did not know it was forged. The dominant defense, and it fits the most common fact patterns exactly: a counterfeit bill received as change, a check from an online job or overpayment scam, a car bought with paperwork that turned out to be bad. Victims of these schemes get charged routinely.
• No intent to defraud or deceive. An instrument never presented to anyone, held for a reason unrelated to deception.
• The item is not a listed instrument under PL 170.10, which drops a felony to the misdemeanor.
• The item is not an “instrument” at all.
• Suppression where the item was found through an unlawful stop or search.

One practical note: because the felony turns on a category rather than a value, arguing the item out of PL 170.10 is often more productive than arguing about the underlying conduct. A reduction from PL 170.25 to PL 170.20 converts a Class D felony into a misdemeanor without conceding anything about what happened.

Immigration and employment consequences

Forgery offenses are treated as crimes involving dishonesty, which puts them in the same difficult category as theft for immigration purposes and for anyone holding a professional license or working in a job that handles money. If you are not a United States citizen, get an immigration consultation before any plea. See also our page on theft offenses.

Where these cases are heard on Long Island

We handle forgery cases across Nassau County and Suffolk County, at both the misdemeanor and felony levels.

Frequently asked questions

I did not make the fake. Does that matter?

Not to the charge — these statutes cover possession and use, not manufacture. It matters enormously to the knowledge element, which is what the People still have to prove.

Is a fake ID a felony in New York?

A forged instrument officially issued by a government body falls into a PL 170.10 category, which makes possession of it a Class D felony under PL 170.25. That surprises most people who assume a fake ID is a minor matter.

What if I deposited a check from a job that turned out to be a scam?

That is the classic knowledge defense. You were the target of the fraud, not its author, and the People must prove you knew the check was forged.

Is prison likely on a first offense?

Class D is a felony, but it is not a violent felony and it carries no mandatory prison term for a first offender. Probation, a definite sentence of a year or less, and a conditional discharge are all available.

Speak with a Long Island forgery defense lawyer

Richard Hochhauser has defended forged instrument cases in Nassau and Suffolk County District Court for years. In most of them the client never forged anything — and building the record that shows it is what separates a dismissal from a felony conviction.

This page provides general information about criminal possession of a forged instrument in New York and is not legal advice. Every case turns on its own facts. Contacting our firm does not create an attorney-client relationship.