PL 170.25 · Article 170
Criminal Possession of a Forged Instrument in the Second Degree
This offense concerns possessing or presenting as genuine a forged instrument of a type specified in section 170.10, with knowledge of the forgery and intent to defraud, deceive or injure another. The qualifying instrument type is an additional requirement, and the person accused need not have personally made the forgery.
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PL 170.25 · Original statutory wording; excerpts must be read together with the full section.
§ 170.25 Criminal possession of a forged instrument in the second degree.A person is guilty of criminal possession of a forged instrument inthe second degree when, with knowledge that it is forged and with intentto defraud, deceive or injure another, he utters or possesses any forgedinstrument of a kind specified in section 170.10.Criminal possession of a forged instrument in the second degree is aclass D felony.Read the full section at the New York State SenateIn everyday language
This offense concerns possessing or presenting as genuine a forged instrument of a type specified in section 170.10, with knowledge of the forgery and intent to defraud, deceive or injure another. The qualifying instrument type is an additional requirement, and the person accused need not have personally made the forgery.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove each required element beyond a reasonable doubt.
- The person accused uttered a forged instrument, meaning presented it as genuine, or possessed it; these are alternative acts, not cumulative requirements.
- The person accused knew it was forged and intended to defraud, deceive or injure another at the time. Knowledge and intent are both required; the three purposes are alternatives, not cumulative requirements.
- The instrument must be of a type specified in section 170.10: it is, purports to be, or is designed upon completion to become or represent one of the following alternative categories, not all of them.
- Category 1: A deed, will, codicil, contract, assignment, commercial instrument, credit card as defined in section 155.00(7), or another instrument that does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status.
- Category 2: A public record or an instrument filed, or legally required or authorized to be filed, in or with a public office or public servant.
- Category 3: A written instrument officially issued or created by a public office, public servant or governmental instrumentality.
- Category 4: Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed as symbols of value usable instead of money to purchase property or services.
- Category 5: A prescription from a duly licensed physician or another authorized issuer for any drug, or for an instrument or device used in taking or administering drugs for which a prescription is legally required.
Defenses that commonly apply
- What evidence establishes that the instrument was forged and that the person accused possessed it or presented it as genuine?
- What evidence establishes knowledge of the forgery and intent to defraud, deceive or injure another at the time?
- Which section 170.10 category applies, and what document features or issuing records support or undermine that classification?
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 $5,000 or up to twice the gain.
Common questions about your defense
Can the type of instrument provide grounds to challenge second-degree possession of a forged instrument?
This degree requires a forged instrument of a type specified in section 170.10. If the instrument does not fit any of those alternative categories, that may support a challenge to the second-degree charge, even though the third-degree statute does not require that classification. The prosecutor must prove the qualifying type, possession or presentation, forgery, knowledge and required intent beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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