PL 170.00(7). Criminal possession of a forged instrument in the third degree: “A person is guilty of criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument. Criminal possession of a forged instrument in the third degree is a class A misdemeanor.” PL 170.20.

These provisions work to actually criminalize the possession of a fake or forged driver’s license. However, prosecutorial experience teaches us that that in certain situations, having something like this can actually lead to felony charges. This is because the next level up in the statutory scheme reads as follows:

PL 170.25 Criminal possession of a forged instrument in the second degree. A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.10. Criminal possession of a forged instrument in the second degree is a class D felony. And, PL 170.10(3) specifically includes “A written instrument officially issued or created by a public office, public servant or governmental instrumentality . . .”

Problems may compound if the circumstances under which the arrestee is found in possession of the forged or fake driver’s license are egregious. For example, if a person is found with marijuana and a fake ID, a prosecutor may be more inclined to proceed with serious criminal charges than had the forged driver’s license been the only possible charge.

In any event, should you or a loved one be found facing charges, whether through a processed arrest or through the issuance of a desk appearance ticket, you should immediately consult with experienced former prosecutors with experience in New York forged or fake ID cases.

• A teacher falsifying a student’s report card;
• A DMV supervisor allowing for cheating on a commercial driver’s license test; and
• Forgery of prescriptions to obtain illegal drugs.

There are many different kinds of “forgery;” however, the purpose of this post will be to explain, in part, the reference of that term in the New York State Penal Law.

Of course, if you have been arrested for Forgery or Criminal Possession of a Forged Instrument in New York, you need to contact a seasoned Manhattan-based lawyer experienced in dealing with forgery cases. As former prosecutors in the Manhattan D.A.’s office, the lawyers at the Law Office of Matthew Galluzzo are particularly suited to assist you in defending against any and all such charges.

Article 170 of the New York State Penal defines “Forgery and Related Offenses.” In order to understand the charge in New York, it is important to look at the definition section of that article. The definitions of “written instrument,” “complete written instrument,” “incomplete written instrument,” “falsely make,” “falsely complete,” “falsely alter,” “forged instrument,” and “electronic access device” as set forth in PL 170.00 are listed below.

1. “Written instrument” means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.

2. “Complete written instrument” means one which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof. An endorsement, attestation, acknowledgment or other similar signature or statement is deemed both a complete written instrument in itself and a part of the main instrument in which it is contained or to which it attaches.

3. “Incomplete written instrument” means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument.

4. “Falsely make.” A person “falsely makes” a written instrument when he makes or draws a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not such either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof.

5. “Falsely complete.” A person “falsely completes” a written instrument when, by adding, inserting or changing matter, he transforms an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that such complete instrument appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.

6. “Falsely alter.” A person “falsely alters” a written instrument when, without the authority of anyone entitled to grant it, he changes a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.

7. "Forged instrument” means a written instrument which has been falsely made, completed or altered.

8. “Electronic access device” means a mobile identification number or electronic serial number that can be used to obtain telephone service.

The basic forgery charge, as set forth in PL 170.05 is as follows:

§ 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.

It should be noted here that the crime must pertain to the forgery of a written instrument, which, to summarize, would include any document which is capable of being used to the advantage or disadvantage of another person. This seems like a fairly broad definition, because if you read it broadly, one can make an argument that just about any writing, other than something meant as a joke, could fit this definition. It is also arguable that writing an email from someone else’s account which purports to be from the account-holder’s address, could technically be a forgery. The point here is that forgery can be interpreted pretty broadly, and can actually be used to address a wide variety of alleged misconduct.

§ 170.20 Criminal possession of a forged instrument in the third degree. A person is guilty of criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument. Criminal possession of a forged instrument in the third degree is a class A misdemeanor.

This charge can apply to cases where a bad check is passed or possessed, and generally speaking is usually tacked on in cases where the defendant is actually found in possession of the forged written instrument.

Finally, there are enhanced penalties in cases where the value of the forgery exceeds certain monetary threshholds.

If you or a loved one have been charged with a forgery-related charge, including identity theft, you should contact experienced forgery defense lawyers in New York.

The full text of the Identity Theft statute is below:

§ 190.79 Identity theft in the second degree. A person is guilty of identify theft in the second degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby: 1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds five hundred dollars; or 2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds five hundred dollars; or 3. commits or attempts to commit a felony or acts as an accessory to the commission of a felony; or 4. commits the crime of identity theft in the third degree as defined in section 190.78 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in this section, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, unlawful possession of a skimmer device in the second degree as defined in section 190.85, unlawful possession of a skimmer device in the first degree as defined in section 190.86, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter. Identity theft in the second degree is a class E felony.

Identity Theft charges are becoming increasingly popular amongst New York prosecutors to address such acts as credit card fraud, computer-related fraud, and a bevy of related charges. The Golb prosecution demonstrates the versatility of the charge because in may not be immediately obvious that an “identity theft” has occurred as it would be in a case of robbery, burglary, or shoplifting.

Moreover, Identity Theft charges can be used to work to elevate what would normally be a misdemeanor theft to a felony. Normally, in order for a larceny charge to be elevated from a petit larceny misdemeanor to a grand larceny felony the property taken must be worth over $1000. However, a theft of between $500 and $1000 could in fact be elevated to a felony using this charge as long as one of the earlier preconditions are met. Thus, by reducing the misdemeanor-felony threshold level by $500, the legislature demonstrating a desired reduction in the amount in controversy where the means of the theft are more personal, as it were.

Identity Theft charges can also be used to “pile on” a defendant who is already charged with criminal fraud, forgery, or other pre-existing, related charges. After all, “Identity Theft” has become a public buzzword, and sounds much worse to a jury pool consisting of people who may, in fact, be terrified of so-called identity thieves.

If you or a loved one has been charged with identity theft or any related charge in New York, you should speak to experienced attorneys familiar with the identity theft statutes.