Arizona Forgery Laws: Penalties and Forgery Charges

Forgery in Arizona is defined under ARS § 13-2002, which states that a person commits forgery if they falsely make, complete, or alter a written instrument with the intent to defraud another person. This includes:

• Creating a false document that appears to be authentic.
• Altering a legitimate document to change important details.
• Possessing a forged instrument with the knowledge and intent to use it fraudulently.

The key element in a forgery charge is the intent to defraud. The defendant must have acted with the intent to defraud another person, organization, or entity. Whether it’s forging a check or creating a counterfeit legal document, the crime revolves around using deception for financial or personal gain.

Forgery is not limited to written documents like checks or contracts—it can also involve trademarks, badges, access devices, or anything that contains written or printed matter used to mislead others.

Under Arizona’s forgery laws, there are several types of forgery crimes, each carrying different penalties depending on the circumstances:

• Creating or altering documents: This is the most common form of forgery and involves falsifying any written instrument or document.
• Possessing a forged instrument: Being found with a forged instrument, such as a counterfeit check or identification card, with the intent to use it for fraudulent purposes.
• Making or possessing forgery tools: Under ARS § 13-2003, owning or using tools or equipment designed to create forged documents is also a crime. This includes specialized printing devices or software.
• Presenting or offering a forged document: Attempting to use a forged document, even if it is not accepted, can lead to forgery charges.

Forgery can also occur in connection with the lease or renting of property, contracts related to the purchase of goods, or when false documents are used in immigration or smuggling schemes, such as at a drop house.

Forgery is a Class 4 felony in Arizona, which means a conviction can carry significant penalties, including imprisonment and fines. The specific penalties for a conviction depend on the nature of the forgery crime, whether it involved a single document or part of a larger scheme, and whether there are prior convictions.

• Class 4 felony penalties: For a first offense, a conviction could result in 1 to 3.75 years in prison. If the crime involves significant financial damage, higher penalties may apply.
• Class 3 felony: Under certain circumstances, forgery becomes a Class 3 felony, particularly when it involves large-scale operations or the use of forgery tools in connection with organized crime or smuggling.
• Class 6 felony: Minor forgery offenses, such as those involving less serious documents or small amounts of money, may be charged as a Class 6 felony, with penalties ranging from probation to up to 2 years in prison.
• Probation: In some cases, especially for first-time offenders or less severe forgery crimes, probation may be an option instead of prison time.

Additionally, fines up to $150,000 may be imposed, along with restitution to victims if the forgery resulted in financial loss.

If you’re facing a forgery charge in Arizona, a skilled criminal defense attorney can develop a defense strategy tailored to your case. Some of the most common defenses include:

• Lack of intent to defraud: Intent is crucial in any forgery case. Your defense attorney may argue that you did not act with the intent to defraud another party, meaning you did not knowingly create or use the forged document for fraudulent purposes.
• Mistaken identity: In cases where multiple people were involved, it’s possible that you were wrongly identified as the individual who committed the forgery.
• Lack of knowledge: If you did not know the document was forged, you cannot be found guilty of forgery. For example, if someone else provided you with the forged instrument, your attorney may argue that you were unaware it was fake.
• Insufficient evidence: The prosecution must prove beyond a reasonable doubt that you knowingly committed forgery. If there is a lack of solid evidence, the charges could be dropped or reduced.

In cases where the forgery involves a written instrument used in connection with renting or leasing property, a strong defense could be that the document did not contain material misrepresentation.

A conviction for forgery in Arizona can have long-term consequences that go beyond the legal penalties. A forgery conviction can affect your ability to find employment, especially in positions of trust or those involving financial transactions. It can also damage your reputation and limit opportunities in other areas of life, such as housing or professional licensing.