Criminal Possession of a Forged Instrument in the Third Degree

What the prosecutor must prove

• The accused uttered or possessed a forged instrument.
• The accused knew it was forged.
• The accused intended to defraud, deceive or injure another.

Defenses that commonly apply

• Lack of knowledge that the document was forged.
• 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 A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.