New York Penal Law § 170.25 – Criminal Possession of a Forged Instrument in the Second Degree

Criminal Possession of a Forged Instrument in the Second Degree is a New York forgery crime that provides enhanced penalties for those who create or rely on certain types of forged instruments, such as wills, deeds, public records, or prescriptions. Criminal Possession of a Forged Instrument in the Second Degree is a Class D 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 Second Degree are:

1. The defendant falsely created, completed or altered an instrument that purported to be:
   1. A deed, will, commercial instrument or credit card;
   2. A public record;
   3. A written instrument used or created by a government entity;
   4. Any “symbol of value,” such as public transit transfers, tokens, or certificates; or
   5. A prescription for medication.
2. The defendant did so knowing that the instrument was forged; and
3. The defendant intended to use the instrument to defraud or deceive another person.

Notably, there is a presumption that anyone who possesses two or more forged credit or debit cards knew the cards were forged and possessed with the intent to defraud.

Examples of Criminal Possession of a Forged Instrument in the 2nd Degree include:

• A daughter who had been estranged from her mother created a fake will purporting to leave all the mother’s property to the daughter.
• A person suffering from substance abuse disorder creates fake prescriptions for oxycodone.
• A teenager scans a copy of an adult’s driver’s license and replaces the picture with his own.
• A person knowingly puts on their car a fake temporary license plate.

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 Second Degree, the following are the most common related crimes:

• Criminal Possession of a Forged Instrument in the Third Degree – NY Penal Law § 170.20
• Criminal Possession of a Forged Instrument in the First Degree – NY Penal Law § 170.30
• 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
• Criminal Possession of Forgery Devices – NY Penal Law § 170.40
• Criminal Simulation – NY Penal Law § 140.45
• 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 Second Degree. Defenses can be useful when negotiating with prosecutors to secure a favorable plea agreement, for example, on reduced charges. Additionally, a successful defense may even 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
• The instrument, even if a forgery, did not fall into one of the enumerated categories;
• While you knew that the instrument was forged, you did not intend to use it to deceive another person (i.e., it was a joke).

Criminal Possession of a Forged Instrument in the Second Degree is a Class D felony. In New York, Class D felonies carry a maximum sentence of up to seven years in jail and a fine of up to $5,000, or double the amount of money you gained as a result of the offense.

If you are charged with Criminal Possession of a Forged Instrument in the Second Degree, it’s important you understand the nature of the charges against you, what defenses may apply, and how to develop a compelling strategy to mitigate your exposure as early on in the process as possible. At Tilem & Associates, we have more than 25 years of experience successfully handling complex fraud and forgery cases on behalf of clients throughout the New York area. 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.