Westchester County Check Forgery Lawyer
NEW YORK PENAL LAW 170 & 190
The crime of forgery in the state of New York includes – but extends well beyond – simply forging someone’s signature on a check, although forgery always involves what the law calls a “written instrument,” usually a check or some other financial document. If you are accused of fraud or forgery in New York, you’ll require the experience and tenacity of a knowledgeable Westchester County check forgery attorney. Call Kimberly Pelesz New York Law, LLC immediately.
FRAUD AND FORGERY CHARGES
In the state of New York, there are several degrees of forgery but all involve falsely making, completing, or altering a written instrument with intent to defraud, deceive or injure another. A written instrument could be many things, including computer data or a computer program, containing written or printed matter.
From misdemeanors that can put you in jail for a year to serious felonies punishable by up to seven years in prison, New York recognizes and prosecutes a number of fraud and check forgery charges including:
- Forgery in the Third Degree: Penal Law 170.05 (Class A Misdemeanor)
- Forgery in the Second Degree: Penal Law 170.10 (Class D Felony)
- Forgery in the First Degree: Penal Law 170.15 (Class C Felony)
- Criminal Possession of a Forged Instrument in the Third Degree: Penal Law 170.20 (Class A Misdemeanor)
- Criminal Possession of a Forged Instrument in the Second Degree: Penal Law 170.25 (Class D Felony)
- Criminal Possession of a Forged Instrument in the First Degree: Penal Law 170.30 (Class C Felony)
- Criminal Impersonation in the Second Degree: Penal Law 190.25 (Class A Misdemeanor)
- Criminal Impersonation in the First Degree: Penal Law 190.26 (Class E Felony)
The charges and penalties that you face will depend on the crime that you allegedly committed. For example, in New York, forgery convictions can range from basic forgery or forgery in the third degree, which is a class A misdemeanor, to a class C felony for first degree forgery. The punishment for basic forgery, or third degree forgery, is a sentence of imprisonment of up to one year in the custody of the state department of corrections. Fines of up to $1,000 may also be imposed to those who are convicted. A class C felony charge of forgery is punishable by a mandatory sentence of imprisonment of up to 15 years to the custody of the state department of corrections. Fines may also be imposed, and they may be much higher than the fines for those who are convicted of a third degree forgery charge.
A good lawyer will be able to help defend you and to protect your rights. An attorney can argue that there was not a lack of intent to defraud, deceive or injure another or that the defendant had no prior knowledge that the instrument was forged. If the forgery is proven, a qualified New York criminal defense attorney can use other defenses to plead your case. Perhaps you were coerced into forging the document, and would not have done so if you weren’t being forced. If you have been charged with check forgery, contact an experienced Westchester County Check Forgery Attorney.
The Law Office of Kimberly A. Pelesz can help you fight a forgery or check fraud charge. Call (914) 214-9335. If you are charged with forgery in New York, you need one of the region’s top lawyers practicing criminal law.
BAD CHECKS AND THE LAW
What’s the penalty for writing a bad check in New York? It’s a Class B misdemeanor punishable by up to ninety days in jail. However, a conviction for writing a bad check will very likely bring an end to your ability to work in the financial industry or to hold any kind of professional license. Additionally, if you are not a U.S. citizen, a conviction for writing a bad check means that you’ll face the possibility of deportation. If you are accused of writing a bad check in Westchester, Dutchess, Putnam, Orange, or Rockland County, fight the charge with the help of an experienced Peekskill criminal defense attorney.
A “bad” check means that insufficient funds are in the account or that the account has been closed. Simply put, you are guilty of issuing a bad check if you deliver a check to another knowing that you do not have sufficient funds to cover it. Additionally, you must intend or believe that when the receiver of the check attempts to deposit it at the bank, payment will be refused, and it is in fact refused. You must have had “criminal intent” to be convicted of writing a bad check – in other words, you had to know the check was bad. If funds were insufficient or the account was closed, the law in New York presumes you knew that. If you “make good” on the check within ten days of writing it and provide the other party with the money owed, your attorney can offer that action in your defense, and in many cases that action may be lead to having the charge dismissed.
Making good on the check isn’t your only defense. If you’re accused of writing a bad check in New York, don’t try to explain anything to any investigators. Politely exercise your right to remain silent, and then discuss your case as quickly as possible with an experienced Peekskill criminal defense attorney.
SERVING CLIENTS THROUGHOUT THE REGION
The manner and means by which a person can commit forgery or criminal possession of a forged instrument are vast. Be sure to retain skilled legal help – an attorney with experience in fraud and check forgery cases – if you are charged with one of these crimes in New York. In fact, if you’re facing any forgery or check fraud charge, now or in the future, let an experienced Westchester County check forgery attorney represent you and defend your case. Our legal team also represents individuals accused of other crimes involving fraudulent acts or theft, like grand larceny, identity theft and beyond.
With offices in Peekskill and Poughkeepsie, Kimberly Pelesz New York Law, LLC serves clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how a Westchester County check forgery attorney can help you fight a forgery or check fraud charge, email us or call us promptly at (914) 402-4541.