New Jersey Forgery Offense – Explanation of the Law – Penalties – Defenses

New Jersey Forgery Law Basics

The offense known as forgery is contained at N.J.S.A. 2C:21-1 of the New Jersey Criminal Code. A person commits this offense if they have purpose to defraud or injure someone, or know that they are facilitating a fraud or injury to another, and engage in any of the following: (1) alter or change a writing of another person without their permission or authorization; (2) make, complete, execute, authenticate, issue or transfer a writing without authorization, use a fake name, number or other sequence, or purport that a document is a true copy when no original exists.; or (3) utters any writing which he/she knows to be forged in a manner specified in (1) or (2). What we are basically talking about here is signing someone else’s signature to derive some benefit, altering a document in an attempt to make it look authentic, or creating something that is fake or counterfeit.

Examples of scenarios where a violation of the NJ forgery law arise include:

• Creating and using forged checks
• Making a fake driver’s license
• Creating credit cards
• Forging someone’s signature on a loan or credit application
• Signing a doctor’s prescription
• Creating counterfeit passports, land deeds, wills and other documents

These are only a few of the types of situations where forgery can occur. Please note that companion charges for identity theft, theft by deception, and credit card fraud are also filed.

Elements of Proof

There are two (2) elements of proof that must be established by a prosecutor in order to secure a conviction for forgery under 2C:21-1. They must prove, beyond a reasonable doubt, that the accused:

1. Purposely or knowingly sought to defraud or injure another person or government; and
2. That he/she either: (i) altering or changing any writing of another without authorization; (ii) made, completed, issued, authenticated or transferred a writing purporting it to be the act of another person (real or fictitious) without proper authorization, used a fake sequence number to counterfeit a writing, or present a copy of a writing when there is no original; or (iii) asserting by words or conduct that a writing is valid when he/she knows it is forged.

If the state can present this level of proof, a conviction for forgery can be secured. You can access the model jury charge below that outlines exactly how the law and elements of forgery are explained to a jury before they decide a case of this kind.

Grading of Forgery

Third Degree Crime. This offense results in a third degree crime when it involves forged money, securities, postage, or another writing or instrument issued by the government. The classic example of a forgery of this nature is creating fake New Jersey driver’s licenses. Forgery involving prescription blanks is also a third degree crime. Another third degree forgery scenario is check forgery.

Fourth Degree Crime. Forgery is a fourth degree crime in all other instances.

Penalties for Forgery

The penalties for third degree forgery include up to 5 years in prison with a presumptive term of 3-5, a fine of up to $15,000, and a host of other assessments and potential sentencing provisions.

Fourth degree forgery triggers up to 18 months in prison, a fine that can reach $10,000 and other possible penalties.

An added consequence of a conviction for forgery is a felony criminal record that can impact your ability to secure employment, obtain a professional license (e.g. CPA, J.D., medical license, etc.).

Defenses to a Forgery Charge in New Jersey

Various defenses may be employed against the charge of forgery in New Jersey. These may include:

• Consent was given before altering another person’s writing
• Mistaken identity – they have the wrong person
• Lack of intent (you did not intend to defraud another person)
• Insufficient evidence to prove the elements of the crime
• Issues with police procedure and searches and seizures (your rights were violated during the police investigation, or evidence was improperly obtained and cannot be used at trial)

Even when there isn’t an absolute defense to this offense, our lawyers can almost always plead a third or fourth-degree forgery charge down to a less serious violation.

Possession of Forgery Devices

N.J.S.A. 2C:21-1c sets forth the offense of possession of forgery devices such as credit card swipers, credit card printers and stampers, gift card duplicators, and other apparatuses to counterfeit. In terms of the specific language of this law, a violation occurs “when with purpose to use, or to aid or permit another to use the same for purposes of forging written instruments, including access devices and personal identifying information, he makes or possesses any device, apparatus, equipment, computer, computer equipment, computer software or article specially designed or adapted to such use.”

There are essentially 3 elements of proof that must be proven in order to convict someone for possession of a forgery device(s). First, the defendant must possess a device. Second, the device must be designed or adapted to create a forged writing. Third, must have the purpose or intent to use the item or permit another to use the item to forge written instruments.

Possession of forgery devices is a third degree crime that triggers up to 5 years in prison and a fine that can reach $15,000.

Simulation of Government Documents

The offense known as criminal simulation is set forth at N.J.S.A. 2C:21-2. This is basically a fancy way of saying that someone recreated or altered an object to create the appearance that it was authentic when it actually is not. For all intents and purposes, it is referring to counterfeiting. N.J.S.A. 2C:21-2.1 carves out a more particular form of criminal simulation involving official government writings and documents, for example, a driver’s license, birth certificate, Covid vaccination card, or similar item. What we are referring to are government generated writings used to verify the identity, age or other personal identifying information of a person.

Selling, transferring, distribution or possession with intent to distribute a simulated government document is a second degree crime punishable by 5-10 years in prison and a fine of up to $150,000. What is being targeted here are those who are involved in the commercial enterprise of selling and/or distributing fake driver’s licenses, birth certificates and the like.

It is also a crime of the second degree to make, or to possess a device or materials to fabricated simulated government document capable of being used for personal identification.

It is a third degree crime to display or use a false government document to fraudulently represent personal identification. Possession of this type of item, rather than being caught in the process of using it, is a fourth degree crime.

A person convicted for violating 2C:21-2.1 is also subject to a mandatory driver’s license suspension ranging from 6 months to 2 years.

New Jersey Forgery Offense Defense Attorney

As you can see, the possible punishments for forgery include prison time, fines, probation, and more. The most significant thing you can do to avoid these consequences is to hire the most talented criminal lawyer you can find. The New Jersey Forgery Offense Attorneys at Marshall Criminal Defense have the attributes to achieve the favorable outcome you need.  To learn how we can go about defending your forgery charge so that you minimize the impact on your life, contact our office anytime 24/7. Lawyers are ready to help you now at 855-450-8310.

New Jersey Forgery Attorneys – Frequently Asked Questions