Understanding ARS Forgery in Arizona: ARS 13-2002
Facing forgery charges in Arizona can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process.
This guide provides an in-depth examination of Arizona’s forgery laws, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charge.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona white collar crimes attorney. If you are charged with forgery, let Lawyer Listed match you with your ideal white collar crimes lawyer as soon as possible.
What Is ARS Forgery in Arizona?
The Arizona forgery statute defines forgery as the intentional falsification of documents, signatures, or other items with the specific intent to deceive or defraud another person or entity.
Elements of Forgery
To convict you of forgery, the prosecution must prove that you acted with intent to defraud and committed at least one of the following:
- Falsely make, complete, or alter a written instrument: You created a fake document from scratch, filling in blank sections of a legitimate document with false information, or changing information on an existing document to misrepresent the truth.
- Knowingly possess a forged instrument: Simply having a forged document in your possession with knowledge that it’s fake can lead to forgery charges, even if you didn’t create it yourself.
- Offer or present a forged instrument: Attempting to use a forged document is enough to violate the law. It doesn’t matter if the person you presented it to accepted it or caught the forgery. This provision also applies to instruments that contain false information, even if the document itself appears legitimate.
ARS Forgery in Arizona involves making, changing, or using a fake document with the clear intention to trick or cheat someone. There must be actual falsification involved—either creating something fake, altering something genuine, or completing something with false information.
Real-world examples of this Arizona white collar crime include creating a fake driver’s license or identification card, altering the amount on a check to increase its value, signing someone else’s name on a legal document without permission, or using a forged document to make a purchase or gain access to something you’re not entitled to.
Key Concepts of Credit Card Fraud
General Terms
- Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. Accidentally using a document that turns out to be fake, or making an honest mistake when filling out paperwork, typically won’t meet this standard. The intent must be deliberate and purposeful.
- Knowingly: You are aware of your actions or the circumstances that make up the offense. It doesn’t require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in. This knowing mental state is not met if you genuinely believed a document was legitimate and had no reason to suspect otherwise.
Forgery Terms
- Written instrument: Physical documents, digital files, signatures, artwork, currency, checks, contracts, identification cards, and many other items. The Arizona forgery statute covers both traditional paper documents and modern electronic records.
- Forged instrument: A written instrument that has been falsely made, completed or altered.
- Falsely alter a written instrument: Change a document, whether complete or incomplete, without permission from someone legally authorized to approve the change. This can include counterfeiting, erasing, deleting, inserting false information, combining parts of different genuine documents, or rearranging content in a way that makes the final version appear fully authentic and properly authorized, even though it is not.
- Falsely complete a written instrument: Finish or fill out a document without permission from someone legally allowed to approve the changes. This includes adding, inserting, or changing information in a way that makes the final version look legitimate or properly authorized, even though it is not.
- Falsely makes a written instrument: Creating or fill out a document that appears to be legitimately made or approved by someone, when it is not. This includes making a document in the name of a fake person or using the name of a real person who didn’t give permission to create or sign the document.
- Incomplete written instrument: A document that already includes some content or signs of approval but still needs more information to be considered finished or valid.
Arizona Statute of Limitations for Forgery
The statute of limitations is the deadline for prosecutors to file criminal charges after an alleged offense. As a felony offense, prosecutors have up to seven years from the date of the alleged offense to bring forgery charges.
Sentencing for Forgery
The penalties for ARS forgery in Arizona are substantial and can have long‑lasting consequences, with sentences varying significantly based on your prior criminal history and the circumstances surrounding the crime. Understanding these potential consequences is essential to making informed decisions about your defense strategy.
Crime Classification
The classification of the offense depends on the purpose behind the forgery.
- Class 3 felony: Forgery to purchase, lease, or rent a dwelling to be used as a drop house (property used to facilitate smuggling).
- Class 4 felony: All other forms of forgery.
Penalties for Forgery
The following table provides an overview of the potential sentences for each class of forgery:
| Offense | Charge | Prison | Probation (max) |
|---|---|---|---|
| Forgery: drop house | Class 3 felony | 2 – 8.75 years | 5 years |
| Forgery | Class 4 felony | 1 – 3.75 years | 4 years |
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: Forgery in Arizona, governed by ARS 13-2002, involves intentionally falsifying documents, signatures, or other items with the specific intent to deceive or defraud. This Arizona white collar crime includes creating, altering, possessing, or using fake documents for fraudulent purposes.
- Elements of credit card fraud: To be convicted of forgery, the prosecution must prove that you committed one of the following acts with the intent to defraud: falsified a document, knowingly possessed a forged document, or tried to use one. This includes creating fake documents, altering real ones, having forged items you know are fake, or presenting them—even if the attempt fails.
- Sentencing:
- Forgery: Classified as a Class 4 felony with a potential prison sentence ranging from 1 to 3.75 years and/or up to 4 years of probation.
- Forgery to obtain a drop house: Classified as a Class 3 felony with a potential prison sentence ranging from 2 to 8.75 years and/or up to 5 years of probation.
- Statute of limitations: The statute of limitations for forgery is 7 years from the date of the offense.
Next Steps:
Forgery in Arizona is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing ARS forgery charges, engaging a skilled white collar crimes attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.