Forgery Lawyer

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A forgery charge in New York will destroy your career. This isn't just a criminal charge. It's a crime of moral turpitude that follows you into every job interview, every professional license application, every immigration proceeding. Prosecutors take forgery cases seriously because they involve deception and fraud. Even first-time offenders face felony convictions and prison time.

At the Law Offices of Matthew Cohan, we defend forgery cases. We know these charges often snowball into multiple offenses, and we know how to fight back.

What Is Forgery in New York?

Forgery means falsely making, altering, completing, or possessing a written instrument with intent to defraud, deceive, or injure someone. A written instrument is basically anything used to record information or establish value, rights, or identification. That covers checks, credit cards, contracts, deeds, government IDs, prescriptions, business documents, financial records, and more.

Even minor alterations count. Change a date, forge a signature, alter an amount. That's forgery.

Forgery in the Third Degree (PL § 170.05)

This is the baseline charge. Class A misdemeanor.

What you did:

With intent to defraud, deceive, or injure someone, you falsely made, completed, or altered any written instrument.

What that means:

The statute is broad. Any fake or altered document with fraudulent intent qualifies. Common examples: fake IDs, forged signatures on letters, altered documents that aren't specifically covered by the felony statutes.

Sentencing:

  • Jail: Up to 1 year
  • Probation: Up to 3 years
  • Fines
  • Permanent criminal record

Why it matters:

Even though it's a misdemeanor, a forgery conviction is a crime of moral turpitude. That means immigration problems, professional licensing issues, and employment barriers. This doesn't just go away.

Forgery in the Second Degree (PL § 170.10)

This jumps to a felony when the forged document matters more. Class D felony.

You're guilty if, with intent to defraud, deceive, or injure, you falsely make, complete, or alter:

  • Deeds, wills, codicils, contracts, assignments, commercial instruments, credit cards, or other instruments that create, transfer, or affect legal rights or obligations
  • Public records or instruments filed with public offices
  • Documents officially issued by government offices or public servants
  • Tokens, transit transfers, or certificates used as money substitutes
  • Prescriptions for drugs requiring prescriptions by law

Common charges:

Fake temporary license plates and fraudulent vehicle registration documents commonly get charged as second-degree forgery in New York. Also forged checks, altered contracts, fake credit cards, forged prescriptions, counterfeit government documents.

Sentencing:

  • Prison: Up to 7 years (2 1/3 to 7 indeterminate)
  • Possible probation for first-time offenders with mitigating circumstances
  • Fines: Up to $5,000 or triple your financial gain, whichever is greater
  • Restitution
  • Permanent felony record

First-time offenders can face up to 4 years in prison if convicted.

Forgery in the First Degree (PL § 170.15)

The most serious forgery charge. Reserved for government-issued financial instruments and securities. Class C felony.

You're guilty if, with intent to defraud, deceive, or injure, you falsely make, complete, or alter:

  • Money, stamps, securities, or other valuable instruments issued by any government or governmental agency
  • Stocks or bonds representing claims against corporations or organizations

What that means:

Counterfeiting currency, forging government-issued stamps, creating fake securities, forging stocks or bonds.

Sentencing:

  • Prison: Up to 15 years (5 to 15 indeterminate)
  • Possible 1-year minimum
  • Fines: Up to $5,000 or triple your financial gain, whichever is greater
  • Restitution
  • Permanent felony record
  • Federal charges often added

These cases involve extensive investigations, often with federal agencies.

Criminal Possession of a Forged Instrument

Prosecutors charge possession separately from forgery. Often easier to prove.

Third Degree (PL § 170.20): Class A misdemeanor. Knowingly possessing any forged instrument with intent to defraud, deceive, or injure.

Second Degree (PL § 170.25): Class D felony. Knowingly possessing a forged instrument of the types specified in second-degree forgery (deeds, credit cards, public records, prescriptions, etc.). Presumption: if you possess two or more forged credit or debit cards, the law presumes you know they're forged and intend to defraud.

First Degree (PL § 170.30): Class C felony. Knowingly possessing a forged instrument of the types specified in first-degree forgery (currency, government securities, stocks, bonds).

Possession charges have the same sentencing as the corresponding forgery charges but only require knowledge and possession, not that you created the forgery.

Related Charges That Come With Forgery

Forgery arrests rarely come alone:

  • Identity Theft (PL Article 190)
  • Falsifying Business Records (PL Article 175)
  • Scheme to Defraud (PL § 190.65)
  • Grand Larceny (PL Article 155)
  • Criminal Possession of Stolen Property (PL Article 165)

Multiple charges mean exposure compounds. One forged document can violate multiple statutes simultaneously.

What a Conviction Does to Your Life

  • Permanent criminal record (misdemeanor or felony)
  • Crime of moral turpitude designation
  • Professional licenses destroyed or denied
  • FINRA, FDIC, and other financial industry bars
  • Medical, legal, and other professional career problems
  • Immigration consequences including deportation and inadmissibility
  • Employment barriers across all sectors
  • Difficulty obtaining housing, loans, security clearances
  • Can be sealed under CPL 160.59 but only after 10 years

How We Fight Forgery Charges

Lack of intent to defraud

Even if you altered a document, if you didn't intend to defraud, deceive, or injure anyone, you're not guilty. Intent is a required element the prosecution must prove beyond a reasonable doubt.

Wrong instrument

The prosecution must prove the document fits the statutory definition for the degree charged. If it doesn't qualify under the specific subsection, the charge fails or gets reduced.

You didn't create or alter it

If you didn't forge the document, they can't convict you of forgery. We challenge authorship through handwriting analysis, digital forensics, and alibi evidence.

Illegal search and seizure

If police obtained evidence through unconstitutional searches, we move to suppress. No evidence, no case.

Consent or authorization

If the alleged victim authorized your actions, there's no fraud.

Why Former Prosecutor Experience Matters

As your New York criminal defense lawyer with experience as a former prosecutor, I know how District Attorneys build forgery cases. These prosecutions rely heavily on document analysis, chain of custody, and proving intent. Having prosecuted white-collar fraud cases, I know which forensic evidence holds up and which doesn't, how prosecutors establish intent through circumstantial evidence, and what defenses actually work.

We examine every document, every transaction record, every witness statement. We challenge handwriting analysis, digital forensics, and authentication procedures. We attack gaps in the chain of custody and inconsistencies in the prosecution's timeline.

Forgery cases are detail-driven. Small mistakes in how evidence was collected or analyzed can sink the entire case.

Contact Us Before It's Too Late

Forgery charges jeopardize everything. Your career, your immigration status, your freedom, your reputation. Early intervention matters.

Contact the Law Offices of Matthew Cohan today for a free, confidential consultation.

The § 1028A Trap

Aggravated Identity Theft charges carry a Mandatory Minimum sentence that cannot be served concurrently.

Underlying Crime
5 Years (Example)
+ ID Theft (1028A)
+ 2 Years
Total Prison Time
7 Years
Lack of Knowledge
Lack of Knowledge
Proving you didn't know the ID belonged to a real person.
Lawful Authority
Authorized use or power of attorney defenses.
No Intent
Lack of intent to commit the underlying felony.
Practice Areas.
Charged With A Crime?

Don’t wait. Speak with an experienced criminal defense lawyer today.

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Fill out the contact form or call us at (516) 375-1107 to
schedule your free consultation.
We handle cases throughout New York and New Jersey.
New York Office
123-60 83rd Ave Suite 2R
Kew Gardens, New York 11415
Long Island Office
180 East Main Street Suite 206
Smithtown, New York 11787
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