Third Degree Criminal Possession of a Forged Instrument - FEDERAL LAWYERS [2024] (2024)

March 21, 2024 Uncategorized

Third degree criminal possession of a forged instrument is a crime that can have serious consequences on a number of levels. If you face the prospect of being prosecuted for this crime, you need to have an essential understanding of what is associated with the charge. You also need to understand what steps you need to take to protect your legal rights and interests.

Overview of a Charge of Third Degree criminal Possession of a Forged Instrument

Third degree criminal possession of a forged instrument is codified atNew York Penal Law 170.20. Pursuant the law, if you know that you have an instrument in your possession that is forged, you are deemed to possess that instrument with the intent to defraud or deceive another person.

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Knowing possession of a forged instrument in the third degree is classified as a level A misdemeanor. This is the most serious classification of a misdemeanor. However, misdemeanors are lesser crimes when contrasted with felony offenses.

What Constitutes Forgery?

Pursuant to New York Penal Law, even what may seem like a minor alteration of a financial instrument can constitute forgery sufficient to give rise to the crime of third degree criminal possession of a forged instrument. Any alteration, addition, or deletion of a financial instrument can rise to the level of forgery.

What Constitutes Knowing Possession of a Forged Instrument?

If you altered a financial instrument yourself, you obviously will be deemed to be in knowing possession of that financial instrument. On the other hand, if you take possession of a financial instrument that has been altered in some manner by someone else, and you know of the change, you will be deemed to be in knowing possession of a forged instrument.

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Christine Twomey

2024-03-21

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Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

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Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

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Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!

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2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

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2024-02-28

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way.Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me.I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence.Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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There can also be a situation in which you receive a forged instrument but do not have actual, definitive information that it has been altered. However, you receive the financial instrument under a set of circ*mstances that would lead any reasonable person to know or believe that it had been altered. In that set of circ*mstances you will be deemed to be in knowing possession of a forged instrument.

Defenses When Charged with Third Degree criminal Possession of a Forged Instrument

There are a number of defenses that can be raised when facing a charge of criminal possession a forged instrument. One primary defense is that you did not know the instrument in question was forged. In addition, part of that defense would be that you reasonably could now have known that an instrument was forged.

Another defense to a charge of third degree criminal possession of a forged instrument involves the instrument itself. You can defend against this type of charge by demonstrating that the instrument itself was not forged in any way, shape, or form.

Penalty Upon Conviction of Third Degree criminal Possession of a Forged Instrument

If you end up convicted of third degree criminal possession of a forged instrument, you can end up facing up to a year in jail. Because this is a misdemeanor offense, you do not face the prospect of going to a New York state prison or correctional facility. Rather, any period of incarceration will be served in a jail.

The court has the ability to sentence you to a period of incarceration that is less than one year, with a year term being the maximum. Depending on your criminal history, if any, coupled with the specific facts surrounding your case and charge for third degree criminal possession of a forged instrument.

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Retain a Skilled, Experienced criminal Defense Lawyer

If you are facing a charge of third degree criminal possession of a forged instrument, you best protect your legal rights and interests by taking a proactive stance to retaining legal representation. The first step in retaining legal representation in a case involving criminal possession of a forged instrument is scheduling an initial consultation.

During an initial consultation, a criminal defense attorney will be provide an evaluation of your case. This will include a discussion of potential defenses in the case. As a matter of general practice, a criminal defense attorney charges no fee for consulting with a person facing a charge of criminal possession of a forged instrument.

Keep in mind that the criminal justice system can proceed apace. In that regard, you truly should not delay in seeking appropriate legal representation when faced with a criminal charge.

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Third Degree Criminal Possession of a Forged Instrument - FEDERAL LAWYERS [2024] (2024)

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