PL 170.05 · Article 170
Forgery in the Third Degree
This offense concerns falsely making, completing or altering a written instrument with intent to defraud, deceive or injure another. Those acts and purposes are alternatives; the statute does not require every listed act or every listed purpose.
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Text us immediately · (845) 290-2492Definition under New York law
PL 170.05 · Original statutory wording; excerpts must be read together with the full section.
§ 170.05 Forgery in the third degree. A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument. Forgery in the third degree is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense concerns falsely making, completing or altering a written instrument with intent to defraud, deceive or injure another. Those acts and purposes are alternatives; the statute does not require every listed act or every listed purpose.
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 falsely made, falsely completed or falsely altered a written instrument; these are alternative acts, not cumulative requirements.
- The person accused acted with intent to defraud, deceive or injure another; these are alternative purposes, not cumulative requirements.
Defenses that commonly apply
- What evidence connects the person accused to making, completing or altering the written instrument?
- Do the original document, permissions and circumstances show that the instrument was falsely made, completed or altered?
- What communications or circumstances establish or undermine an intent to defraud, deceive or injure another?
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 a lack of fraudulent intent matter in a third-degree forgery case?
The statute requires intent to defraud, deceive or injure another, so lack of intent to defraud alone does not resolve the other alternatives. If the evidence fails to establish any of those purposes, that may support a challenge to the charge. The prosecutor must prove the required intent and false making, completion or alteration 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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