The criminal possession of a forgery device charge is outlined in New York Penal Code 170.40. Many times when a defendant is charged with possession of a forgery device, prosecutors will also add additional charges. With this in mind, it is imperative that anyone accused of forgery retain a criminal defense attorney as soon as possible.
Forgery Charges in New York
Under this New York law, a person can be found guilty of criminal possession of a forgery device if the following situations apply:
- Creates or possesses with knowledge of its use; a plate, die, or another device that is designed for use in counterfeiting or related to a forged writing device.
- Makes or possesses a device with intent to use or allow another to use a device, equipment, or apparatus that can be adapted for forgery.
- When and how a defendant can be found guilty of possession of a forgery device is extensive. If a defendant is caught making a forgery device, in the possession of a forgery device, or has a forgery device delivered to them, they can be found guilty of this crime.
In many cases, criminal possession of a forgery device charge in New York can include a large number of defendants. Defendants in these cases may or may not have played a role in a larger criminal operation. For this reason, it is vital that you retain an attorney as soon as you are accused of this type of crime. A New York attorney understands the complexity of these laws and can immediately assess your situation, which will help the attorney make choices to benefit your defense.
Types of Forgery Charges
There are many different types of forgery devices that a person can be charged with possessing. The most common types of forgery devices include:
- Photo reproduction machine
- Comprehensive collection of stamps and fonts used on documents
- Signature copying machine
- Credit card forgery equipment
- Authenticity equipment
Forgery Crime Cases
There is a long list of crimes that can be related to criminal possession of forgery devices. The most common crimes related to this charge are listed below:
- Possession of a forged document
- Fraud and identity theft
- Theft by deception
- Possession of counterfeiting devices
- Criminal possession of a forged instrument
- Attempted larceny
In New York, it is important to take immediate action when charged with criminal possession of a forgery device because it is a class D felony. Conviction of this crime can lead to seven years in prison, substantial court costs, and huge fines. Being convicted of a felony can also make it more difficult to get professional licenses and cause great financial loss.
Criminal Defense in New York
An attorney may be able to provide someone charged with these crimes, a viable defense. For instance, if a defendant can prove they were holding something for a friend or relative, or purchased the device in question at a garage sale or similar venue, an attorney may be able to have the charges dismissed.
Another successful defense revolves around dual-purpose machinery. For example, a high-quality photocopy machine or a signature manual signer used to stamp brochures or leaflets can be considered “innocent possessions” of forgery devices under some circumstances.
The key to a criminal possession of forgery device charges is that the defendant was not aware the device in question was being used as a forgery device when they were in possession of it. If the defendant did not know the nature of the device, it could undercut the state’s case against them.
Defense Against Forgery Charges
If you have been charged with criminal possession of forgery devices in New York, it is important to contact a reputable defense attorney immediately. Stephan Jacob Siegel, Esq. has been a NY defense attorney for nearly three decades. Contact The Law Office of Stephan Jacob Siegel, Esq. for advice regarding your case.