PL 170.25 · Article 170
Criminal Possession of a Forged Instrument in the Second Degree
This charge alleges knowingly using or possessing a forged instrument of a type listed in PL 170.10 — such as a check, government document or prescription — with intent to defraud, deceive or injure.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused uttered or possessed a forged instrument of a kind specified in PL 170.10.
- The accused knew it was forged and intended to defraud, deceive or injure another.
Defenses that commonly apply
- Lack of knowledge; the document was received innocently.
- No intent to defraud.
- The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
- Challenging identification, witness credibility, and the reliability of statements to police.
- Suppression of evidence or statements obtained in violation of constitutional rights.
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years in state prison and a fine of up to Up to $5,000 or up to twice the gain.
Every case turns on its own facts. The information on this page is general, not legal advice.
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