According to A.R.S. §13-2003, a person can be charged with possession of a forgery device if they are in possession of an item that is considered to be a forgery device, and they have the intention or knowledge of committing fraud. These charges also apply if a person provides assistance or permits another person to use the device to commit fraud.
Under this statute, a forgery device is defined as any apparatus, equipment, plate or dye that can be used to forge a written instrument. This also includes software and access devices designed for this purpose.
Here, you can listen as David Cantor provides an explanation of forgery devices in this quick video.
{video}
If you have been charged with possession of a forgery device in the Phoenix Metro area or anywhere in Arizona, then you must contact DM Cantor by calling us at 602-737-2812 or you can fill out our confidential online form for a free initial consultation.
Potential Penalties for Forgery Device Possession
If it is determined that a person who is in possession of a forgery device has the intent to use it to either forge a written instrument themselves or aid another in forgery, then this will be charged as a class five felony. The possible punishments associated with this charge are assigned according to one’s prior criminal record according to the description below:
- First offense: probation with zero days to one year in jail, or a prison term of six months to two and one-half years.
- If Second offense felony: prison-only sentence ranging from one to three and three-fourths years
- If Third offense felony or more: three to seven and one-half years in prison
If the intention of the defendant is to use the forgery device to commit fraud, then this will be classified as a class six felony. This classification includes the following penalties:
- First offense: probation with zero days to one year in jail or a prison term of four months to two years.
- If Second-offense felony: nine months to two and one-fourth years in prison
- If Third-offense felony or more: two and one-fourth to five and three-fourths years in prison
Potential Defenses Used Against Forgery Device Charges
When we defend a person who has been charged with possession of a forgery device in Arizona, we utilize several different strategies. Our first defense is to claim that it was an innocent possession in which a person did not have knowledge that the device was intended for the use of committing fraud or forgery by either themselves or another person. This is a legitimate claim in instances where a person has a legal purpose for possessing a device such as plates or dyes and was unaware that another person had the intent to use them to commit fraud. Due to the legitimacy of this claim, it is important that we have the opportunity to interview all witnesses who may be able to provide information regarding the circumstances surrounding the alleged crime.
Our legal team will also seek evidence from the beginning of the investigative process to ensure that the defendant’s constitutional rights were upheld and that there are no mistakes made during the process of police reports and the gathering of evidence by law enforcement officers. If even one mistake was made, or if you were denied access to an attorney, then we can also use this information to form a defense.
When you have been charged with possession of a forgery device, it is important to seek help from an experienced attorney. To contact us for a free confidential assessment of your case, you can click here to fill out our online form or call DM Cantor on our 24-hour hotline at 602-737-2812 today.