PL 170.20 · Article 170
Criminal Possession of a Forged Instrument in the Third Degree
This offense concerns possessing or presenting as genuine a forged instrument while knowing it is forged and intending to defraud, deceive or injure another. It does not require proof that the person accused personally created the forgery, but possession alone does not establish the required knowledge and intent.
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PL 170.20 · Original statutory wording; excerpts must be read together with the full section.
§ 170.20 Criminal possession of a forged instrument in the third degree.A person is guilty of criminal possession of a forged instrument inthe third degree when, with knowledge that it is forged and with intentto defraud, deceive or injure another, he utters or possesses a forgedinstrument.Criminal possession of a forged instrument in the third degree is aclass A misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense concerns possessing or presenting as genuine a forged instrument while knowing it is forged and intending to defraud, deceive or injure another. It does not require proof that the person accused personally created the forgery, but possession alone does not establish the required knowledge and intent.
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 instrument was forged.
- The person accused uttered the instrument, meaning presented it as genuine, or possessed it; these acts are alternatives, not cumulative requirements.
- At the time of that act, the person accused knew the instrument was forged and intended to defraud, deceive or injure another. Knowledge and intent are both required; defrauding, deceiving and injuring are alternative purposes, not cumulative requirements.
Defenses that commonly apply
- What evidence establishes that the instrument was forged?
- What evidence shows that the person accused possessed it or presented it as genuine?
- What did the person accused know about its authenticity, and what evidence shows an intent to defraud, deceive or injure another at the relevant time?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000 or up to twice the gain.
Common questions about your defense
Can lack of knowledge that an instrument was forged matter even if possession is established?
The statute requires knowledge that the instrument is forged as well as intent to defraud, deceive or injure another. If the evidence does not establish that knowledge at the time of possession or presentation, it may support a challenge to the charge. The prosecutor must prove possession or presentation, the forged nature of the instrument, knowledge and the 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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