New York Penal Law § 170.20 – Criminal Possession of a Forged Instrument in the Third Degree

Criminal Possession of a Forged Instrument in the Third Degree is a law that criminalizes the possession of a “forged instrument.” A forged instrument is a written document or computer program that has been falsely made, completed or altered and presented as though it is authentic. Criminal Possession of a Forged Instrument in the Third Degree is a Class A misdemeanor.

All crimes are made up of elements, which are facts that the prosecution must prove beyond a reasonable doubt before a judge or jury can return a conviction. The elements of Criminal Possession of a Forged Instrument in the Third Degree are:

• The defendant possessed or used a forged instrument;
• The defendant did so knowing that the instrument was forged; and
• The defendant intended to use the instrument to defraud or deceive another person.

Forgery and fraud cases often involve complex terms with very specific meanings. For example, an instrument can be complete or incomplete. Complete instruments claim to be complete and authentic versions of what they are presented as, whereas incomplete instruments require additional authentication (such as a signature) to become a complete instrument.

Examples of Criminal Possession of a Forged Instrument in the 3rd Degree include:

• A person finds a woman’s purse that was left on the bus. The person opens the purse, finds a checkbook, and writes a check to themselves, signing the woman’s name.
• A person steals a car and finds the car’s title in the glove box. The person then signs over the title to their friend, signing the rightful owner’s name.
• A 20-year-old creates a realistic driver’s license indicating he is 23 years old.

While every case is different, prosecutors often file several charges against a defendant based on a single course of conduct. In the case of Criminal Possession of a Forged Instrument in the Third Degree, the following are the most common related crimes:

• Criminal Possession of a Forged Instrument in the First Degree – NY Penal Law § 170.30
• Criminal Possession of a Forged Instrument in the Second Degree – NY Penal Law § 170.25
• Criminal Possession of Stolen Property in the Third Degree – NY Penal Law § 165.50
• Criminal Possession of Stolen Property in the Second Degree – NY Penal Law § 165.52
• Criminal Possession of Stolen Property in the First Degree – NY Penal Law § 165.54
• Criminal Possession of Forgery Devices – NY Penal Law § 170.40
• Criminal Simulation – NY Penal Law § 140.45
• Forgery in the First Degree – NY Penal Law § 170.15
• Forgery in the Second Degree – NY Penal Law § 170.10
• Forgery in the Third Degree – NY Penal Law § 170.05
• Fraudulent Making of an Electronic Access Device in the Second Degree – NY Penal Law § 170.75

There are several defenses to Criminal Possession of a Forged Instrument in the Third Degree. Defenses are useful when negotiating with prosecutors for a favorable plea agreement. Additionally, a successful defense can cause the prosecution to withdraw the case against you or give the jury reasonable doubt, prompting a “not guilty” verdict.

The most common defenses include the following:

• You did not know that the instrument was a forgery; and
• While you knew that the instrument was forged, you did not intend to use it to deceive another person.

Criminal Possession of a Forged Instrument in the Third Degree is a Class A misdemeanor. In New York, Class A misdemeanors carry a maximum sentence of up to one year in jail and a fine of up to $1,000.

Forgery cases are incredibly complex, and if you’re facing charges related to the possession of a forged instrument, it is important you work with a New York criminal defense attorney who has significant experience handling these cases. At Tilem & Associates, we have been representing clients in complex fraud and forgery cases for more than 25 years, giving us an unrivaled understanding of how these cases proceed through the system and what it takes to mount a successful defense. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.