PL 170.10 · Article 170
Forgery in the Second Degree
This offense requires false making, completion or alteration of a written instrument with intent to defraud, deceive or injure another, together with a qualifying instrument category. It covers instruments that actually are, purport to be, or are designed upon completion to become or represent one of the listed types.
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PL 170.10 · Original statutory wording; excerpts must be read together with the full section.
§ 170.10 Forgery in the second degree. A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: 1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or 2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant; or 3. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or 4. Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or 5. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law. Forgery in the second degree is a class D felony.Read the full section at the New York State SenateIn everyday language
This offense requires false making, completion or alteration of a written instrument with intent to defraud, deceive or injure another, together with a qualifying instrument category. It covers instruments that actually are, purport to be, or are designed upon completion to become or represent one of the listed types.
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 all required elements beyond a reasonable doubt.
- The person accused falsely made, completed or altered a written instrument with intent to defraud, deceive or injure another. The acts are alternatives, and the purposes are alternatives, not cumulative requirements.
- The instrument was, purported to be, or was designed upon completion to become or represent at least one of the following alternative categories; the categories are not cumulative.
- 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 shows that the person accused falsely made, completed or altered the instrument rather than acting with authorization?
- What evidence establishes an intent to defraud, deceive or injure another?
- Which listed instrument category is alleged, and what features establish its actual, purported or intended-on-completion status?
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 an unfinished document qualify for second-degree forgery?
The statute includes an instrument designed to become or represent a listed type if completed, so incompleteness alone does not exclude it. If the document does not meet any listed category in its actual, purported or intended completed form, that may support a challenge to this degree of forgery. The prosecutor must also prove false making, completion or alteration 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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