What Is Criminal Possession of a Forged Instrument?

Criminal possession of a forged instrument is a legal charge that falls under the broader category of forgery and fraud offenses. It involves knowingly possessing or using a forged item, typically with the intent to deceive or defraud others. 

While many people may associate forgery with signature fraud or counterfeit currency, the crime can encompass many instruments, including documents, checks, and certain digital files.

Let’s look at the definition of criminal possession of a forged instrument, the types of forged items that fall under this charge, the potential penalties if convicted, and how a criminal defense attorney can help those facing such allegations. 

Be sure to reach out to the attorneys at the Law Office of Michael D. Litman, PLLC today for more information on criminal defense in Westchester County, New York.

What Are Forged Instruments?

In legal terms, a forged instrument is a document or item that has been unlawfully altered or created with the intent to deceive or defraud. 

The act of forgery refers to the process of making, altering, or issuing a false document, while possessing a forged instrument involves having control over the forged document with the intent to use it for fraudulent purposes. Common examples of forged instruments include:

• Counterfeit money: This includes fake currency that looks like real money and is used with the intent of defrauding people or businesses.

• Fake IDs or driver's licenses: Fake identification cards, particularly those used to gain access to restricted areas or make fraudulent claims, often fall under the category of forged instruments.

• Falsified checks: Writing or possessing a fake check with the intention of cashing or using it for financial gain is a common type of forgery.

• Altered legal documents: Changing the content of contracts, wills, deeds, or other legal documents to benefit oneself or harm others is considered forgery.

• Fake prescriptions: Possessing or using forged prescriptions to obtain drugs illegally also qualifies as a forged instrument.

• Electronic documents: With the rise of digital transactions, forged electronic documents—such as altered PDFs, fraudulent emails, or manipulated digital signatures—can also be considered forged instruments.

The key element of criminal possession of a forged instrument is intent. The prosecution must demonstrate that the defendant knowingly possessed the forged document and intended to use it to deceive or defraud someone.

Degrees of Criminal Possession of a Forged Instrument

Criminal possession of a forged instrument is often categorized into degrees, depending on the value of the forgery, the type of instrument involved, and the jurisdiction where the crime occurred. In most states, there are three degrees of this offense, with first-degree being the most serious.

1. First-Degree Criminal Possession of a Forged Instrument

First-degree criminal possession of a forged instrument typically involves highly valuable or sensitive items, such as government-issued documents or high-value financial instruments. This can include:

• Counterfeit currency

• Forged stock certificates

• Falsified bonds or securities

• Fake passports or visas

Possessing or attempting to use forged items of this magnitude often results in severe penalties, as the crime is typically charged as a felony. Depending on the jurisdiction, first-degree possession can lead to lengthy prison sentences, significant fines, and a permanent criminal record.

2. Second-Degree Criminal Possession of a Forged Instrument

Second-degree possession generally refers to forged instruments with moderate value but are not as serious as first-degree offenses. Examples might include:

• Forged checks or credit card receipts

• Fake driver's licenses or state IDs

• Altered legal documents like wills or deeds

This charge is still considered serious, especially if the defendant intended to use the forged document for financial gain or to harm another person. Second-degree possession is often classified as a felony, though the penalties may be less severe than first-degree charges.

3. Third-Degree Criminal Possession of a Forged Instrument

Third-degree possession typically involves less valuable or low-risk forged items. Examples include:

• Low-value counterfeit money

• Fake receipts or coupons

• Minor alterations to contracts or personal letters

In many states, third-degree possession is classified as a misdemeanor, though it can still result in jail time, fines, and a criminal record. However, if the defendant has prior forgery-related convictions, even third-degree possession can be elevated to a felony charge.

The Role of Intent in Criminal Possession of a Forged Instrument

Intent is a critical element in any criminal charge involving forgery or possession of forged instruments. To secure a conviction, the prosecution must prove that the defendant knowingly possessed the forged item and intended to use it to deceive or defraud others. 

This means that merely having a forged document in your possession is not necessarily enough for a conviction; there must be clear evidence of intent to fraudulently use the document.

For example, if you unknowingly receive a counterfeit bill from a store and later attempt to use it in good faith, you may not be found guilty of criminal possession of a forged instrument, as there was no intent to defraud. 

Similarly, if someone hands you a fake ID without your knowledge, you would likely not be held liable unless it can be proven that you knew the ID was fake and intended to use it illegally.

Penalties for Criminal Possession of a Forged Instrument

The penalties for criminal possession of a forged instrument vary depending on the degree of the offense and the specific laws of the state where the crime occurred. However, in general, individuals convicted of possessing forged instruments can face:

• Imprisonment: The prison sentence can range from several months to many years, depending on the severity of the offense and whether it’s classified as a misdemeanor or felony. First-degree possession of a forged instrument can lead to significant prison time, often five years or more.

• Fines: Financial penalties can be substantial, particularly for felony charges. Fines often range from several thousand dollars to tens of thousands, depending on the value of the forgery and its impact on the victim.

• Probation: A defendant may be sentenced to probation rather than jail time. Probation typically involves meeting specific conditions, such as regular check-ins with a probation officer, community service, and avoiding further criminal activity.

• Restitution: If the forged instrument was used to defraud someone of money or property, the defendant may be required to pay restitution to the victim.

• Criminal record: A conviction for possession of a forged instrument will likely result in a permanent criminal record, which can have long-term consequences for employment, housing, and other aspects of life.

Defenses Against Criminal Possession of a Forged Instrument

Facing charges of criminal possession of a forged instrument can be intimidating, but several defenses may be available depending on the circumstances of the case. 

A skilled criminal defense attorney can evaluate the evidence and help build a strong defense. Some potential defenses include:

1. Lack of Knowledge

One of the most common defenses is that the defendant did not know the document or item in question was forged. If there is no evidence to prove that the defendant was aware of the forgery, it may be difficult for the prosecution to establish intent.

2. Lack of Intent to Defraud

Even if the defendant knew the item was forged, the prosecution must still prove that there was intent to defraud or deceive someone. If the defendant possessed the forged instrument but had no plans to use it for fraudulent purposes, this could be a viable defense.

3. Coercion or Duress

In some cases, individuals may be forced to possess or use a forged instrument under threat or coercion from someone else. If the defendant can demonstrate that they were acting under duress, this may serve the criminal defense attorney while fighting the charges.

4. Entrapment

Entrapment occurs when law enforcement induces an individual to commit a crime they otherwise wouldn’t have committed. If the defendant was persuaded or tricked into possessing a forged instrument by police or other officials, a criminal defense attorney can argue this point.

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