Facing forgery Arizona charges can be overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the Arizona forgery statute. It explains key terms and the sentencing guidelines for forgery Arizona. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with forgery in Arizona, consult with a qualified Phoenix forgery attorney as soon as possible.
What Constitutes Forgery in Arizona?
The Arizona Forgery statute, ARS 13 2002, defines forgery as the intentional falsification of documents, signatures, or other items with the intent to deceive or defraud. This includes:
- Falsely making, completing, or altering a written instrument.
- Knowingly possessing a forged instrument.
- Offering or presenting a forged instrument, whether accepted or not. This also includes instruments containing false information.
Put simply, you commit forgery in Arizona when you make, change, or use a fake document with the intention to trick or cheat someone. This could be creating a fake ID, altering a check, or using a forged document to make a purchase.
The possession of five or more forged instruments creates a strong inference of intent to defraud. Even if a signature is authentic, an instrument can still be considered forged if the amount or other information is falsified.
Sentencing for Forgery in Arizona:
The penalties for forgery in Arizona are severe and vary based on the specific charge, your criminal history, and the circumstances of the crime, including the type of forged document. Forgery is typically a Class 4 felony. However, it becomes a Class 3 felony if the forged instrument is used in connection with a “drop house,” a property used to facilitate smuggling (ARS 13-2319). The following table summarizes the potential consequences for each type of offense:
| Offense | Class | Prison | Probation (max) |
|---|---|---|---|
| Forgery | Class 4 felony | 1 - 3.75 years | 4 years |
| Forgery + Drop house | Class 3 felony | 2 - 8.75 years | 5 years |
Frequently Asked Questions:
Key Takeaways:
- Definition and Scope: Forgery in Arizona, under ARS 13-2002, involves intentionally falsifying documents, signatures, or other items with the intent to deceive or defraud. This includes making, altering, or using fake documents.
- Common Acts: Forgery can include falsely making, completing, or altering a written instrument, knowingly possessing a forged instrument, and presenting a forged instrument, even if not accepted.
- Inferences of Intent: Possessing five or more forged instruments indicates a strong intent to defraud. Even a document with an authentic signature can be considered forged if other elements are falsified.
- Penalties and Sentencing: Forgery is typically a Class 4 felony in Arizona, with penalties ranging from 1 to 3.75 years in prison. It becomes a Class 3 felony, with harsher penalties, if used in connection with a “drop house.”
Next Steps:
Forgery in Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing Forgery Arizona charges, under ARS 13 2002, engaging a skilled Phoenix forgery attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced Phoenix forgery lawyer on your side right away.