PL 170.10 · Article 170

Forgery in the Second Degree

Forgery in the second degree is forgery of specific kinds of documents — such as deeds, wills, contracts, commercial instruments like checks, public records, government-issued documents and prescriptions — with intent to defraud, deceive or injure.

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What the prosecutor must prove

  • The accused falsely made, completed or altered a written instrument of a type listed in PL 170.10.
  • The accused acted with intent to defraud, deceive or injure another.

Defenses that commonly apply

  • Authority to sign; handwriting and document-examiner challenges.
  • 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.

Related charges

Related practice areas

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