If you or a loved one has been charged with forgery, our attorneys are here to help you. Forgery in the state of Arizona is considered a felony and it is a very serious offense. Fortunately, it is categorized as a non-dangerous crime and because of this, prosecutors have quite a bit more flexibility when it comes to negotiating plea agreements.
With that being said, if the accused has prior felony convictions, forgery is the type of charge that can send someone to prison for several years.
In order for an individual to be convicted of forgery, the prosecutor must prove two things to the jury. First they must establish that the defendant or the accused was either in possession of, or made a forged “instrument.”
In other words an ‘instrument’ is just a fancy term for a document, form or identification. In order to be charged with forgery an individual has to either make the “instrument” or be in possession of it. But, that element by itself is not enough. That individual must also have the intent to defraud another person. For example, if an individual scribbles out a fake IOU to another person for a large amount of money, it is not necessarily a crime if it is done a joke and there was never any intent to defraud the other person. Prosecutors must prove that the creation or alteration of the “instrument” was done to defraud another individual.
This crime is classified as a class 4 felony and it carries with it a maximum penalty of almost four years in prison for the first offense. Here at Alcock and Associates our team has had the honor of representing and winning many forgery cases throughout the years in the state of Arizona. We comprehend what it takes to win a forgery case and know how to best present your defense in order to obtain the best result for you. When you hire our attorneys here at Alcock and Associates you can have peace of mind knowing we know exactly how to get started on defending your case.
Below we have provided the forgery statute or law in Arizona:
A. A person commits forgery if, with intent to defraud, the person:
Falsely makes, completes or alters a written instrument; or
Knowingly possesses a forged instrument; or
Offers or presents, whether accepted or not, a forged instrument or one that contains false information.
B. The possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud.
C. Forgery is a class 4 felony, except that if the forged instrument is used in connection with the purchase, lease or renting of a dwelling that is used as a drop house, it is a class 3 felony. For the purposes of this subsection, “drop house” means property that is used to facilitate smuggling pursuant to section 13-2319.
Forgery and fraud are common white collar criminal charges which call for the experienced advocacy of a criminal defense attorney who has handled similar cases. Forgery in Arizona involves the alteration of any written instrument.
Typically these cases included the alteration of checks, contracts or other documents of such nature. While in the state of Arizona forgery is considered a class 4 felony, it is very uncommon for a first time forgery conviction to result in long prison sentences. Usually probation is available for the individual found guilty. But, Jail time may be imposed as a condition of probation, however.
Please contact one of our criminal defense lawyers to examine the specific details of your case.
We are dedicated to helping YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case.
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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004