What should someone do after being accused of criminal possession of a forged instrument in the second degree?

They should avoid explaining the documents or transactions to police, banks, employers, agencies, or investigators before speaking with counsel. Early legal work can preserve records and protect against damaging statements.

Why does the exact forgery charge matter?

Forgery and possession-of-forged-instrument offenses have different elements and degrees. The exact charge can affect felony level, plea posture, collateral consequences, and the proof prosecutors must present.

New York Fraud and Forgery Defense

New York Criminal Possession of a Forged Instrument in the Second Degree Lawyer

Lebedin Kofman LLP defends clients charged with criminal possession of a forged instrument in the second degree in New York, including felony allegations involving checks, contracts, credit instruments, public records, and official documents.

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Defense for criminal possession of a forged instrument in the second degree

Second-degree possession of a forged instrument often involves the type of document possessed or used. Cases may arise from bank transactions, check cashing, employment records, public records, contracts, identification documents, or prescription allegations.

The New York Courts Penal Law jury-instruction table lists Article 170 Forgery and Related Offenses as its own offense group, so these charges deserve degree-specific defense pages rather than only a generic forgery page.

What Prosecutors May Focus On

Prosecutors may rely on bank video, teller testimony, institution records, document analysis, emails, text messages, account records, and alleged admissions.

Whether the document or instrument qualifies under the charged statute.
Whether the accused made, altered, possessed, used, or knew about the allegedly forged instrument.
Whether intent to defraud, deceive, or injure can be proven beyond a reasonable doubt.

Defense Issues to Review Early

Defense issues include knowledge, intent, instrument classification, actual or constructive possession, authentication, chain of custody, search legality, and whether prosecutors can prove the accused knew the document was forged.

Document authenticity, authority, intent, knowledge, and identity.
Bank, employer, agency, or business records that may explain the transaction.
Search, seizure, subpoena, and statement issues.

Related Defense Pages

Contact a New York Forgery Defense Attorney

If you are under investigation or charged with criminal possession of a forged instrument in the second degree, speak with counsel before discussing documents, signatures, transactions, or records with investigators.

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Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts, evidence, procedural posture, and applicable law.