Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Law in the Media

View All

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

Defenses to Criminal Possession of a Forged Instrument

Today, it is becoming harder and harder for lawmakers and the technology alike to keep up to speed with ways in which criminals commit white collar criminalities. These days, lawbreakers use whatever they can lay their hands on such as a check, websites, credit cards and much more to perpetuate crime. They use this to get people vital information which they use inappropriately or even extort money from them.


Information is documented and exchanged in a different manner across the world. Therefore, lawmakers in most states have come up with legal terms which account for most documents technologies and avenues whereby a victim’s financial or personal information is recorded. Nonetheless, these tactics may change with time.


Today, criminal possession of forged instruments is a felony. It covers quite a lot of fields too. However, it enables lawmakers to communicate about a specific case without even diving into the specifics.


What does the term criminal possession of forged instruments mean?


In most states today, being in possession of a forged instrument with the intent of defrauding, injuring a person or even deceiving is a crime and is punishable. Under various circumstances, this crime is charged as an offense. Creating a false instrument, otherwise known as forgery is in itself a separate crime. In many states, forged instruments may include, but not limited to


• Credit cards, checks


• Promissory notes


• Money orders


• Driving license


• Securities


• Tiles


• Bonds


• Currencies


• Deeds


• Computer data


There are three degrees of the crime involving being in possession of a forged instrument.


  1. There is the first degree which being in possession of fake money; government-issued security, stamps, bonds, corporate stocks or other corporate instruments
  2. The second degree includes being in possession of forged wills, deeds, contracts, credit cards, commercial instruments, public records that need to be filled with a public entity, being in possession of official government documents.
  3. The third degree is being in possession of fake written instruments.

What are the consequences of being in possession of a forged instrument?


In New York for instance, when one is arrested for being in possession of a forged instrument, they face felony charges. Here, this crime is under class D felony.


When you are convicted and do not have a previous criminal record, you will face up to seven years behind bars. Aggravating factors such as a prior criminal record or any other associated charge will see that you’re charged more than the above sentence of seven years. Therefore, there is a strong need for people accused of this offense to find a strong defense lawyer for forged instruments.


What is being charged with possessing forged instruments with knowledge?


This may also differ from a state to the other. However, to take a case of Kentucky for instance, a prosecutor must prove to the court that you were actually caught with a forged instrument knowingly that is a forged instrument. The defendant who unsuspectingly accepts forged money has not broken this law.


With the intent to defraud or injure someone


Like discussed above, if you are in possession of a fake dollar bill in Kentucky without your knowledge, this is not a crime. If someone gives you a fake currency as a gift or a gag, you are not at risk. The problem is when you knowingly try to pass it over as a real currency to buy anything or better still benefit from it. In Kentucky, it is not a crime of being in possession of any false instrument unless you intend to injure someone with it, deceive or defraud someone.


It is a crime if you, for example, have it in your wallet among your other genuine cash. If you are flagged down by police for overspending, and accidentally they spy a fake note in your wallet among other cards such as your driver’s license, they may arrest and charge you on suspicion that you are in possession of the fake instrument.


Having it with you along with other genuine documents and cash may strongly suggest that you had the intent of using it in illegal ways. Passing it off to an unsuspicious trader would demonstrate that you had the intention of defrauding or deceiving them. The prosecutor, therefore, will have to prove to the court that you knew that you were carrying the forged instrument and beyond any shadow of a doubt use it to benefit yourself.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!