New Jersey Forgery Laws: Understand the Charges & Penalties

Elizabeth, NJ Forgery Charge Attorney

NJ Forgery Charge Attorney

Facing a forgery charge in New Jersey can be a frightening experience. A forgery charge carries not only significant fines, but also serious jail or prison time. A defendant charged with forgery in New Jersey can also face receiving stolen property and credit card theft charges depending on the circumstances of the case. Why Choose Brett M. Rosen for Your New Jersey Forgery Charge? If you’re facing a forgery charge in New Jersey, Brett M. Rosen is the criminal defense attorney you need by your side. Here’s why:

  1. Experience and Expertise: With years of experience and a deep understanding of New Jersey’s legal landscape, Brett M. Rosen has successfully defended numerous clients against forgery charges.
  2. Strategic Defense: Brett knows how to build a strategic defense tailored to your case. He’ll analyze the facts, evidence, and nuances to achieve the best possible outcome for you.
  3. Certified Criminal Trial Attorney: Brett M. Rosen is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction sets him apart and ensures you’re in capable hands.
  4. Trial Ready: If negotiations don’t lead to a dismissal or fair plea bargain, Brett won’t hesitate to take your case to trial. His trial-ready approach ensures thorough representation.
  5. Protecting Your Rights: Brett M. Rosen will fight to protect your rights at every stage of the process. From reducing charges to avoiding severe penalties, he’s your advocate.

Don’t leave your future to chance. Contact Brett M. Rosen today for a free consultation. Let his expertise guide you through your forgery charge. Remember, when it comes to legal matters, having the right attorney can make all the difference. Brett M. Rosen is committed to your defense and will work tirelessly to achieve the best possible outcome for you. Contact our office today or continue reading this comprehensive guide that explains the legalities of forgery in the Garden State, potential penalties, and what to do next.

What is Forgery in New Jersey?

New Jersey law defines forgery (N.J.S.A. 2C:21-1) as knowingly:

  • Falsely Making or Altering a Writing: This involves creating a fake document or altering an existing one to deceive someone.
  • Uttering a Forged Writing: This means presenting a forged document as genuine with the intent to defraud or harm someone.

Examples of Forgery in New Jersey:

  • Checks: Creating or altering checks to steal money.
  • Identification Documents: Forging driver’s licenses, passports, or social security cards.
  • Prescriptions: Forging a doctor’s signature to obtain medication fraudulently.
  • Government Documents: Creating fake permits, licenses, or certificates.
  • Contracts: Altering a contract to gain an unfair advantage.
Elements of a Forgery Charge in New Jersey

It is the prosecutor’s burden to prove the charge of forgery beyond a reasonable doubt. According to the New Jersey Model Jury Charge, the prosecutor must prove one of the following elements: 

  1. that defendant altered or changed the writing of another without that person’s
    authorization. To alter means to make a change in or to modify.
    OR
  2. that defendant made, completed, executed, authenticated, issued or transferred
    any writing so that it purported to be
    1. the act of another who did not authorize the act OR
    2. the act of a fictitious person OR
    3. to have been executed at a time or place in a numbered sequence other than was in fact the case OR
    4. to be a copy of an original where no such original existed. OR
  3. that defendant uttered any writing which he/she knew to be forged. [Here set forth manner in which State alleges forgery occurred]. To utter a writing means to put or send into circulation and includes displaying of a forged document even without having made or issued the document.

Keep in mind that if the prosecutor does not prove beyond a reasonable doubt the charge of forgery, then the defendant must be found not guilty. 

What are the Penalties for Forgery in New Jersey?

The severity of the penalties for forgery in New Jersey depends on the type of document forged and the value involved. Here’s a breakdown of the different degrees of forgery and their potential consequences:

  • Third Degree Forgery: This applies to forgery of government documents, corporate securities, prescriptions, checks, identification documents, or possession of 15+ forged sales receipts/UPC labels. Penalties include 3-5 years imprisonment, fines, and restitution to the victim(s).
  • Fourth Degree Forgery: This covers forgery of documents not listed above. Penalties include up to 18 months imprisonment, fines, and restitution.
  • Disorderly Persons Offense: This is the least severe charge, typically involving a single forged sales receipt or underage use of fake ID to purchase alcohol/tobacco. Penalties include up to 6 months in jail, fines, and potential driver’s license suspension.

Third Degree Forgery

Fourth Degree Forgery

Disorderly Persons Forgery

·       Up to $15,000 fine

·       Up to $10,00 fine

·       Up to $1,000 fine

·       Up to 5 years in prison

·       Up to 18 months in jail

·       Up to 6 months in jail

Important Considerations:

  • Knowledge is Key: For a forgery conviction, the prosecution must prove you knowingly created or used a forged document.
  • Value Matters: The value of the forged document or item obtained fraudulently can significantly impact the charges and penalties.
  • Potential for Additional Charges: Forgery can sometimes lead to additional charges like theft by deception or identity theft, depending on the circumstances.
Facing a Forgery Charge in New Jersey? Here’s What To Do:
  • Don’t Panic, But Act Quickly: Consult with an experienced New Jersey criminal defense attorney as soon as possible.
  • Gather Information: Recall the events leading to the charge and collect any documentation that might support your case (proof of mistake, alibi).
  • Understand Your Options: Your lawyer can analyze your case and explore potential defenses, like lack of knowledge, mistake of fact, or entrapment. They can also negotiate with the prosecutor for a reduced charge or dismissal.

New Jersey Forgery Charges: Defending Yourself and Fighting Back 

Facing a forgery charge in New Jersey can be incredibly stressful. But before you panic, there might be ways to fight back. This detailed guide explores potential defenses for forgery charges in the Garden State. 

But Did You Really Commit Forgery? Here’s How to Defend Yourself:

  • Lack of Knowledge: This defense argues you were unaware the document was forged. Maybe you received it from someone else without knowing its origin.
  • Mistake of Fact: You genuinely believed you had the right to create or alter the document. For example, accidentally signing the wrong document.
  • Consent: The owner of the document consented to you signing or altering it. This might apply in specific business settings.
  • Entrapment: Law enforcement pressured or tricked you into committing forgery.
  • De Minimis Alteration: This argues that the change made to the document was minor and inconsequential. Forgery typically involves a significant alteration that could mislead someone.
  • Clerical Error: This defense applies if the alleged forgery was simply a mistake, like accidentally misspelling a name or entering an incorrect date.
  • Statute of Limitations: New Jersey has time limits for prosecuting certain crimes, including forgery. If too much time has passed since the alleged offense, the case might be dismissed.
  • Insufficient Evidence: This defense argues that the prosecution doesn’t have enough concrete proof to establish your guilt beyond a reasonable doubt.

The Importance of Evidence:

Strong evidence can significantly strengthen your defense:

  • Alibi: Proof you were somewhere else when the forgery allegedly occurred.
  • Documentation: Receipts, emails, or witness statements supporting your claim of innocence.

Remember: The best defense strategy depends on the specific details of your case. Consulting with a qualified New Jersey forgery defense lawyer, such as Brett M. Rosen, is crucial to determine which defense might be most effective for you. Contact our office today for a consultation. 

New Jersey Forgery: Your Burning Questions Answered 

Facing a forgery charge in New Jersey can be confusing and raise many questions. Here’s a comprehensive FAQ (Frequently Asked Questions) breakdown to shed light on this offense and potentially help you understand your situation better:

General Forgery Questions:

  • What exactly is forgery in New Jersey? New Jersey law defines forgery as knowingly creating or altering a document to deceive someone, or presenting a forged document as genuine with the intent to defraud (N.J.S.A. 2C:21-1).
  • What are some examples of forgery? Common examples include creating fake checks, altering prescriptions, forging identification documents, or modifying contracts.
  • What are the different degrees of forgery in New Jersey? Forgery charges range from disorderly persons offenses (minor) to third-degree crimes (most severe) depending on the type of document forged and the value involved. Penalties can include imprisonment, fines, and restitution.

Understanding the Charges:

  • How do I know if a document is considered “forged” in New Jersey? The key element is the intent to deceive. If you genuinely believed the document was real, it might not be considered forgery.
  • What if I accidentally signed the wrong document? This could be a “mistake of fact” defense, where you lacked the necessary knowledge about the document to be considered forgery.

Defending Yourself:

  • Are there defenses against forgery charges in New Jersey? Absolutely! Several potential defenses exist, like lack of knowledge, mistake of fact, consent, or entrapment by law enforcement.
  • Should I consult a lawyer if I’m facing a forgery charge? Yes! A qualified New Jersey forgery defense lawyer, like Brett M. Rosen, can analyze your case, determine the best defense strategy, and potentially fight for a reduced charge or dismissal.

The Legal Process:

  • What can I expect if I’m arrested for forgery? You’ll likely be booked and go through a court process. Having a lawyer by your side will ensure your rights are protected.
  • What happens if I’m convicted of forgery in New Jersey? Penalties vary depending on the degree of the charge, but can include imprisonment, fines, and a criminal record that could impact your future.

Important Considerations:

  • Don’t talk to the police without a lawyer! Anything you say can be used against you.
  • Gather evidence that might support your case! This could include receipts, emails, or witness statements that demonstrate your innocence.
  • The sooner you consult a lawyer, the better! An experienced attorney can guide you through the legal process and fight for the best possible outcome.

Remember: This FAQ is for general knowledge only and doesn’t constitute legal advice. Consulting a lawyer ensures you understand your specific situation and have the best chance of a successful defense. Contact our office today for a consultation. 

Top-Shelf New Jersey Forgery Charge Lawyer 

Brett M. Rosen, Esq., a prominent lawyer in New Jersey, is sought after for his unique blend of compassion and legal expertise. Let’s delve into why someone would choose him for a forgery charge:

  1. Narratives of Justice: Brett Rosen is not just a legal practitioner; he’s a master weaver of legal narratives. He intertwines compassion with legal acumen to craft stories of justice. His commitment to understanding the human side of each case sets him apart.
  2. Extensive Experience: Brett’s legal expertise isn’t theoretical; it’s woven through his extensive experience. From trials as a student prosecutor to handling complex criminal defense and personal injury cases, he’s a seasoned legal storyteller.
  3. Human Triumphs: Brett’s victories extend beyond courtroom wins. Guiding a client through a diversionary program for a second-degree sexual assault charge and orchestrating the dismissal of a third-degree aggravated assault case are stories of lives positively impacted.
  4. Advocacy for the Little Guy: Brett believes in standing up for everyone, even those accused of crimes. His dedication to protecting human rights drives his work. When faced with seemingly impossible cases, he fearlessly fights for justice.
  5. Notable Success: In one high-stakes trial, Brett’s assertive cross-examination led to a not-guilty verdict on all charges. His client, initially threatened with life-altering consequences, was set free to resume everyday life.

In summary, Brett M. Rosen, Esq., weaves compassion and expertise into the fabric of justice, enriching the broader tapestry with stories of compassion, resilience, and triumph

Contact our office today for a consultation.