Penal Law 170.20 - Criminal Possession of a Forged Instrument

Our office has seen a recent uptick in New York law enforcement agencies issuing desk appearance tickets (DATs) or field appearance tickets (FATs) for this charge. From the Suffolk County Police, all the way to the NYPD in Queens, Manhattan, and the Bronx.

What is criminal possession of a forged instrument in the third degree?

Under our law, a person is guilty of Penal Law 170.20 when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he or she utters or possesses a forged instrument.

What is a Prosecutor required to prove?

In order to be found guilty of this crime, the People are required to prove, from all evidence in the case, and beyond a reasonable doubt each of the following elements:

1. That on a certain date and time in New York State, the defendant did possess a forged instrument;
2. That the defendant did so with knowledge that it was forged;
3. That the defendant did so with the intent to defraud, deceive or injure another

What are common defenses to this charge?

Our office have represented countless individuals charged with this crime since the COVID-19 pandemic began. The majority of all clients, if not all of our clients, were victims of a massive scam where unscrupulous individuals were selling fake license plates and temporary registration tags to unsuspecting individuals. The good news is that if you are a victim of this scam, you likely cannot be found guilty of this charge because you did not have knowledge that the paper license plate was forged; and you likely did not have the intent to defraud, deceive, or injure another person.

What has happened in court?

For the most part, local prosecutors have recognized that our clients have been caught up in this scam, and have been offering adjournments in contemplation of dismissal, or just outright dismissing these cases. Sometimes however, the People seek a reduction to disorderly conduct or some other type of violation offense. Our office typically does not recommend accepting that type of plea bargain except for the most unusual circumstances.

If a property or income execution is ongoing, the attorney for the judgment creditor shall issue an amended execution within sixty days of the effective date  of the chapter of the laws of two thousand twenty-one which amended this subdivision, effective as of the date of the rate change.

What are the direct and collateral consequences?

Believe it or not, possession a forged instrument is a class A misdemeanor and is punishable by up to 364 days incarceration. And Penal Law 170.20 for the purposes of immigration may be deemed a crime of moral turpitude as it relates to immigration status. Therefore, it is still important to retain a lawyer to protect your rights if you are charged with this crime.

As with any crime, it is important to protect yourself when facing government prosecution. The attorneys with our firm can challenge the legal or factual basis for the charges, or do put forward mitigation to obtain a reduction.

Call our office during normal business hours 631-724-5251 to speak with a criminal defense attorney, or you can text us 24/7 at (631) 562-5429 and someone will get back to you as soon as possible.