Understanding Forgery in Arizona: ARS 13-2002
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 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 severity of Forgery charges in Arizona depends on several factors, including the type of document forged and any prior convictions. 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).
Below is a table summarizing the potential sentencing ranges:
Felony | Prison Sentence Range (Years) |
---|---|
Class 4 | 1 to 3.75 |
Class 3 | 2 to 8.75 |
It’s important to understand that these are just possible ranges; the actual sentence depends on several factors, including your criminal history, the judge’s discretion, and the specific circumstances of the case.
Frequently Asked Questions:
A forged instrument includes any document, banknote, piece of art, signature, or other item that is falsely made, completed, altered, or presented with the intent to defraud. Even a document with a genuine signature can be considered forged if other elements are falsified.
Yes, forging someone else's signature without their permission and with the intent to defraud is considered a crime and falls under Forgery laws in Arizona.
Yes, Forgery charges can apply to both physical and digital documents if they are altered or created with the intent to deceive or defraud.
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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.