Second-degree possession generally refers to forged instruments with moderate value but are not as serious as first-degree offenses. Examples might include: Forged checks or credit card receipts. driver's licenses or state IDs.
There are 3 forgery crimes in New York. Forgery in the third degree is a misdemeanor while forgery in the second degree and forgery in the third degree are felonies. Each involves creating a false written instrument with the intent to defraud.
What is Forgery Under Federal Law? Title 18, Section 471 of the United States Code defines this federal crime as: “Anyone, with intent to defraud, who falsely makes, forges, counterfeits, or alters any obligation or other security of the United States is guilty of a federal offense.”
Static and Dynamic Signature Features Shaky handwriting. Pen lifts. Signs of retouching. Letter proportions. Signature shape and dimensions. Letter slants. Speed, acceleration, and smoothness of curves. Pen pressure and pressure changes.
Articulating Mistakes in Prosecution's Case — The burden is on the prosecution to prove you committed forgery and had the intent to defraud. They must prove each and every element of the forgery beyond a reasonable doubt.
The prosecution will be able to prove the forgery through testimony of the victim as well as using a hand writing expert. That person will be able to compare the writing of the true owner of the check with that of the person who is being investigated.
Simple Forgery A “simple” forgery is when the forger does not know what the genuine signature looks like and writes the signature in their own handwriting style. This type of forgery is the easiest to detect because the forger makes no effort to simulate the signature they are trying to produce.
Proving forgery in court can be challenging since it often requires the testimony of an expert who has conducted a detailed examination of various elements of a document, such as the paper, they typed fonts, the date, handwriting and time sequences all in the context of the content of the document.