NYC Forgery Lawyer

Expert Forgery Lawyer In New York City

The crimes of forgery and possession of a forged instrument have a common denominator: an intent to fool the recipient of such an item into believing it is authentic.  In New York, these crimes may be charged as misdemeanors or felonies, depending on the character of the item involved but make no mistake about it — any such charge is a serious one and can land you in jail even as a first offender. 

Should you or your loved one be arrested and charged with forgery or possession of a forged instrument, you will need to have a top-notch criminal defense lawyer fighting to protect you from the penalties that apply upon conviction for these crimes.  NYC Forgery & Forged o Instrument Defense Attorney Fred Sosinsky has been representing clients accused of these white collar crimes for more than 30 years.  During this time, he has successfully won jury trials and obtained dismissal of cases involving false or forged instruments.  Where appropriate, he has negotiated very favorable dispositions for clients allowing them to get on with their lives.  Contact Fred now to discuss the defense of your forgery or false instrument case.

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Types Of Forgery Charges in New York

In New York forgery is when someone, with the intent to defraud or deceive another, alters a written instrument that is purported to be a verified document. Although the importance of the official document is what determines the severity of the fraud charge, there are many different types of forgery charges in New York. Below are some of the most common forgery charges an NYC forgery lawyer will defend against.

Forgery in the Third Degree

Forgery in the Third Degree is a Class A misdemeanor punishable by up to one year in jail.  A person may be charged with Forgery in the Third Degree in New York when he or she falsely makes, completes, or alters any written instrument with the intent to defraud, deceive or injure another.  

New York law defines a written instrument very broadly so that it includes nearly any document or computer data, even a single electronic mail. And there is no minimum financial harm that needs to be caused to violate this criminal law.   But, as can be seen, depending on the type of item involved, serious felony consequences may flow from a conviction.

Forgery in the Second Degree  

Forgery in the Second Degree is a Class E felony punishable by up to four years in state prison.  Forgery in the Second Degree in New York when he or she falsely makes, completes or alters the following types of written instruments with the intent to defraud, deceive or injure another: a deed, will, codicil, contract, commercial instrument, credit card or any other instrument which may affect or transfer a legal right, obligation or interest, an filed or required to be filed with a public servant, an instrument officially issued by a public office, tokens or public transportation cards or medical prescriptions

Forgery in the First Degree

Forgery in the First Degree is a Class C felony punishable by up to fifteen years in state prison.  A person may be charged with Forgery in the First Degree in New York when he or she falsely makes, completes, or alters the following types of written instruments with the intent to defraud, deceive or injure another: cash or coins, stamps, securities, or other valuable instruments issued by a government or stocks or bonds. 

Criminal Possession of a Forged Instrument in the Third Degree

Criminal Possession of a Forged Instrument in the Third Degree is a Class A misdemeanor punishable by up to one year in jail.  A person may be charged with this offense when, with the knowledge that it is forged and with the intent to defraud, deceive or injure another, he or she utters or possesses a forged instrument. 

Criminal Possession of a Forged Instrument in the Second Degree

Criminal Possession of a Forged Instrument in the Second Degree is a Class D felony punishable by up to four years in state prison.  A person may be charged with this offense when, with the knowledge that it is forged and with intent to defraud, deceive or injure another, he or she utters or possesses the following type of written instruments:  a deed, will, codicil, contract, commercial instrument, credit card or any other instrument which may affect or transfer a legal right, obligation or interest, an filed or required to be filed with a public servant, an instrument officially issued by a public office, tokens or public transportation cards or medical prescriptions

The law in New York provides a legal presumption that a person who possesses two or more forged credit or debit cards is presumed to possess them with the knowledge that they are forged and with the intent to defraud, deceive or injure another. 

Criminal Possession of a Forged Instrument in the First Degree

Criminal Possession of a Forged Instrument in the First Degree is a Class C felony punishable by up to fifteen years in state prison.  A person may be charged with this offense when, with the knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses the following types of written instruments:  cash or coins, stamps, securities, or other valuable instruments issued by a government or stocks or bonds. 

Criminal Possession of Forgery Devices

Criminal Possession of Forgery Devices is a Class D felony punishable by up to seven years in prison.  A person may be charged with Criminal Possession of Forgery Devices in New York when he or she makes or possesses with knowledge of its character, any plate, die, or another device, apparatus, equipment, or article specifically designed for or adaptable for use in counterfeiting, forgery or otherwise forging written instruments.

nyc forgery attorney

There Are Defenses To Forgery and Forgery Charges in New York

In the hands of a skilled and experienced NYC forgery lawyer, a case involving charges of forgery or false instrument may be defended. 

First, there may be a lack of sufficient evidence that the accused had an awareness or knowledge that the items in question were forged or fraudulent.  Simply possessing or offering such items without further proof showing the state of mind of the accused may not be enough.  If a person has themselves been tricked into receiving counterfeit currency, the fact that they pass that currency off to another does not establish a guilty mental state. 

Second, the prosecution must prove that the accused had an intent to deceive or defraud another through the use or presentation of the items.  Often there may be a perfectly legitimate explanation for a person’s possession or use of such items such as a history of being granted permission to sign another’s check or credit cards.  

Third, there may be serious questions raised about the accused’s actual or constructive possession of contraband instruments found in a common area.  An aggressive approach to defending these cases ensures that the best result possible is always reached. 

Contact the Top NYC Forgery Lawyer Right Away

As the NYPD and District Attorney’s Offices increase the arrests and prosecutions of those suspected of illegally possessing and using commercial instruments and cards, it is more important than ever that anyone charged with such crimes retain the very best NYC forgery lawyer available.   With Fred Sosinsky in your corner, you will be in the best position possible to fight off these charges.  Contact Fred today for a free case evaluation.

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Case Results
A successful contractor was arrested and charged with felony possession of a loaded firearm and Class C felony possession of marijuana based upon the seizure of these items in a search pursuant to warrant. As has been well advertised, in almost all gun cases in NYC, prosecutors will insist on state prison sentences even for those willing to plead guilty. After presentation of mitigating evidence however, Mr. Sosinsky was able to negotiate a sentence of nine months in jail for his client, meaning his client was out in six months.
A young man who had been a heralded star high school hoopster in Brooklyn was indicted as part of a large multidefendant fraudulent check cashing conspiracy. The client unfortunately had previously been involved in a similar prosecution and worse yet had been arrested during the pendency of the federal case for yet again committing a similar offense. Notwithstanding these hurdles, Mr. Sosinsky was able to convince the federal judge to spare his client a prison sentence and allow him to earn his freedom while on probation.
Mr. Sosinsky represented a prominent attorney accused of assaulting and endangering the welfare of his 13 year son. It turned out that the child was being used as a pawn by the client’s ex-wife and that the incident at the heart of the case involved proper disciplining of a difficult and, at times, violent child. Eventually, the charges against the lawyer were dismissed.
Mr. Sosinsky obtained a verdict of not-guilty of murder in the execution style shooting of a young man involved in gang activities in Harlem, New York City. By demonstrating important differences in the description of the shooter from witnesses called by the prosecution, Mr. Sosinsky was able to raise valid doubts about the correctness of the identifications made at trial.
A few years back, Mr. Sosinsky represented a Manhattan man who was arrested after stabbing his wife in the neck numerous times with a knife in their Upper West Side apartment. The client was indicted for attempted murder. However, after having the client examined by a forensic psychiatrist, it became evident that a compelling insanity defense was in order. Eventually, the prosecutors involved were unable to adequately prepare to counter this defense and the case was dismissed.
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