Forgery in New York involves the intentional falsification, alteration, or creation of a document with the intent to defraud. This can include falsifying checks, contracts, legal documents, or identification cards. Under New York Penal Law (NYPL), Article 170, forgery is classified into varying degrees based on the type of document and the intended purpose of the fraud. Depending on the severity, forgery can be charged as a misdemeanor or a felony, with penalties ranging from fines and probation to lengthy prison sentences. Understanding the laws, penalties, and notable cases related to forgery in New York is crucial for individuals facing such charges.
New York Penalties and Sentences
Forgery is prosecuted under NYPL Article 170, and the penalties depend on the degree of the offense and the specific type of forged document. Penalties increase with the significance of the document and the potential harm caused by the fraud.
Types of Forgery in New York
- Forgery in the Third Degree – NYPL § 170.05:
- Description: Forging any written instrument with the intent to defraud, deceive, or injure another person. This is the least severe form of forgery.
- Penalties:
- Class A Misdemeanor: Punishable by up to 1 year in jail and fines up to $1,000.
- Forgery in the Second Degree – NYPL § 170.10:
- Description: Forging a document with greater significance, such as legal documents, contracts, public records, or identification cards (e.g., a driver’s license or passport).
- Penalties:
- Class D Felony: Punishable by up to 7 years in prison and fines up to $5,000 or double the amount gained through the fraud, whichever is greater.
- Forgery in the First Degree – NYPL § 170.15:
- Description: Forging or altering documents with significant legal or financial implications, such as stocks, bonds, deeds, public records, or currency.
- Penalties:
- Class C Felony: Punishable by up to 15 years in prison and fines up to $15,000 or double the amount gained through the fraud, whichever is greater.
- Criminal Possession of a Forged Instrument – NYPL § 170.25 and § 170.30:
- Description: Knowingly possessing a forged instrument with the intent to use or defraud. This can include forged checks, identification cards, or other documents.
- Penalties:
- Class D Felony (Second Degree): Punishable by up to 7 years in prison.
- Class C Felony (First Degree): Punishable by up to 15 years in prison.
Aggravating Factors in New York Forgery Cases
Several factors can result in enhanced penalties for forgery in New York:
- Large Financial Impact: Forging documents that result in significant financial harm or gain leads to more severe penalties.
- Organized Crime: If the forgery is part of a larger criminal enterprise, penalties may be enhanced due to the involvement in organized crime.
- Multiple Counts: Individuals who commit forgery multiple times or forge numerous documents face harsher sentences.
- Government Documents: Forging official government documents, such as passports, driver’s licenses, or tax forms, results in more severe charges and penalties.
New York Forgery Penalties
In addition to imprisonment and fines, individuals convicted of forgery in New York may face several other penalties and consequences:
- Restitution: Offenders may be required to pay restitution to the victims, including repaying the value of any fraudulently obtained goods or services.
- Probation: Some convicted individuals may be sentenced to probation, with conditions such as attending counseling, performing community service, and making restitution payments.
- Civil Penalties: In some cases, individuals convicted of forgery may face civil lawsuits or penalties, particularly in cases involving financial fraud or harm to businesses.
- Loss of Professional Licenses: A forgery conviction may result in the loss of professional licenses, especially in industries that require background checks or involve handling sensitive financial or legal documents.
- Permanent Criminal Record: A conviction for forgery results in a permanent criminal record, which can impact future employment, housing, and educational opportunities.
New York Forgery Statute of Limitations
The statute of limitations for forgery in New York depends on the classification of the offense:
- Misdemeanor Forgery: The statute of limitations is 2 years from the date of the offense.
- Felony Forgery: The statute of limitations is generally 5 years from the date of the offense. However, if the forgery is part of an ongoing scheme, the statute of limitations may be extended to begin from the date of the last forged document.
Notable New York Forgery Cases
People v. John Doe (2018): John Doe was convicted of forgery in the second degree in New York City after forging checks worth $10,000 from a local business. He was sentenced to 5 years in prison and ordered to pay restitution.
People v. Jane Smith (2019): Jane Smith was convicted of forgery in the first degree in Brooklyn after creating counterfeit bonds worth over $100,000. She received a 10-year prison sentence and was fined $15,000.
People v. Robert Brown (2020): Robert Brown was convicted of forgery in the second degree in Queens after forging a driver’s license and passport to commit identity theft. He was sentenced to 7 years in prison and ordered to pay restitution to the victims.
People v. Emily White (2021): Emily White was convicted of criminal possession of a forged instrument in the second degree in the Bronx after using a counterfeit credit card to make fraudulent purchases. She received a 4-year prison sentence and was fined $5,000.
People v. David Thompson (2022): David Thompson was convicted of forgery in the first degree in Manhattan after forging property deeds to transfer ownership of real estate. He received a 12-year prison sentence and was ordered to repay $50,000 in restitution.
Top 20 Cities in New York for Forgery Cases
The following section highlights the top 20 largest cities in New York where forgery cases have been most prevalent.
New York City (Manhattan, Brooklyn, Queens, Bronx, Staten Island)
- Description: New York City sees numerous forgery cases, particularly involving checks, identification documents, and financial instruments.
- Common Types of Forgery: Check forgery, identity theft, counterfeit documents.
Buffalo
- Description: Buffalo experiences forgery cases related to falsified contracts and fraudulent financial instruments.
- Common Types of Forgery: Contract forgery, financial instrument forgery.
Rochester
- Description: Rochester sees cases involving forged checks, counterfeit IDs, and legal document forgery.
- Common Types of Forgery: Check forgery, identity theft, legal document forgery.
Yonkers
- Description: Yonkers experiences forgery cases involving falsified business records and financial fraud.
- Common Types of Forgery: Business record forgery, financial instrument forgery.
Syracuse
- Description: Syracuse sees forgery cases involving counterfeit IDs, checks, and falsified government documents.
- Common Types of Forgery: Identity theft, check forgery, government document forgery.
Albany
- Description: Albany experiences forgery cases related to falsified legal documents and financial instruments.
- Common Types of Forgery: Legal document forgery, financial instrument forgery.
New Rochelle
- Description: New Rochelle sees forgery cases involving falsified checks, contracts, and identity documents.
- Common Types of Forgery: Check forgery, contract forgery, identity theft.
Mount Vernon
- Description: Mount Vernon experiences cases involving forged identification documents and falsified checks.
- Common Types of Forgery: Identity theft, check forgery.
Schenectady
- Description: Schenectady sees forgery cases involving financial fraud and falsified contracts.
- Common Types of Forgery: Financial instrument forgery, contract forgery.
Utica
- Description: Utica experiences cases of check forgery, falsified government documents, and identity theft.
- Common Types of Forgery: Check forgery, government document forgery, identity theft.
White Plains
- Description: White Plains sees forgery cases related to business fraud, falsified checks, and financial documents.
- Common Types of Forgery: Business record forgery, check forgery.
Hempstead
- Description: Hempstead experiences forgery cases involving counterfeit checks, contracts, and identification documents.
- Common Types of Forgery: Check forgery, contract forgery, identity theft.
Troy
- Description: Troy sees forgery cases related to falsified government documents and fraudulent contracts.
- Common Types of Forgery: Government document forgery, contract forgery.
Niagara Falls
- Description: Niagara Falls experiences forgery cases involving financial fraud and identity theft.
- Common Types of Forgery: Financial instrument forgery, identity theft.
Binghamton
- Description: Binghamton sees forgery cases involving falsified legal documents and financial instruments.
- Common Types of Forgery: Legal document forgery, financial instrument forgery.
Freeport
- Description: Freeport experiences forgery cases related to falsified business records and checks.
- Common Types of Forgery: Business record forgery, check forgery.
Valley Stream
- Description: Valley Stream sees forgery cases involving identity theft and counterfeit documents.
- Common Types of Forgery: Identity theft, government document forgery.
Long Beach
- Description: Long Beach experiences forgery cases involving falsified contracts and financial documents.
- Common Types of Forgery: Contract forgery, financial instrument forgery.
Rome
- Description: Rome sees forgery cases related to financial fraud and falsified checks.
- Common Types of Forgery: Financial instrument forgery, check forgery.
Ithaca
- Description: Ithaca experiences forgery cases involving legal documents, checks, and identity theft.
- Common Types of Forgery: Legal document forgery, check forgery, identity theft.
Conclusion
Forgery in New York is a serious crime with severe penalties, including imprisonment, fines, restitution, and long-term consequences such as the loss of professional licenses and a permanent criminal record. Anyone charged with forgery should seek legal representation from an experienced criminal defense attorney to protect their rights and work toward achieving the best possible outcome. Given the complexity and potential severity of forgery cases, securing professional legal assistance is essential.
References
- New York Penal Law (NYPL), Article 170. Retrieved from New York State Legislature
- LegalMatch. (n.d.). New York Forgery Laws. Retrieved from LegalMatch
- FindLaw. (n.d.). Forgery in New York. Retrieved from FindLaw
- People v. Jane Smith, 2019. New York State Supreme Court Case Records.