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MESA PHOENIX FORGERY DEFENSE ATTORNEY

A.R.S. § 13-2002 states that a person commits forgery if, with intent to defraud, he or she does one of the following:

 

  • Falsely makes, completes or alters a written instrument;

 

  • Knowingly possesses a forged instrument; or

 

  • Offers or presents, whether accepted or not, a forged instrument or one that contains false information.

“Depending on the facts, forgery can be simple or complicated—I’m great with either!”  Lisa Witt

Forgery is a Class 4 felony punishable by 1 to 3.75 years in prison for a first time felony offense.  It is a Class 3 felony punishable by 2 to 8.75 years in prison for a first time felony offense if the forged instrument is used to purchase, lease or rent a drop house.

 

18 U.S.C. §1028 expansively defines forgery concerning U.S. government identification documents, authentication features, and information as a person who knowingly and without lawful authority produces, transfers, possesses, or traffics in identification documents, authentication features or false identification documents.  The punishment varies widely from a fine to imprisonment for not more than 30 years depending on the type, value, and scheme behind the forged government documents.

DEFENSES FOR FORGERY CHARGES

 

A forgery charge usually involves complex facts and legal issues.  Lisa is a detail-oriented defense attorney who will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:

 

  • Act described is not forgery:  The act described in the indictment may not fit the statutory definition of forgery.

 

  • Lack of intent:  You may not have the intent required to prove forgery.

 

  • Missing or tainted evidence:  Sometimes the government’s evidence is missing or tainted.

“I’m not afraid to challenge the credibility of the prosecution’s witnesses.”

  Lisa Witt

  • Prosecution witnesses are mistaken or lying about what happened.

 

  • Unbelievability of prosecution’s story:  The prosecution’s story may be unbelievable based on the timeline or other evidence.

 

  • Police misconduct:  There may be police misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.

 

  • Exclusion of prosecution’s evidence:  The prosecution may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession resulting in exclusion of the evidence.

 

  • Insufficiency of prosecution’s evidence:  The prosecution may have insufficient evidence to prove forgery beyond a reasonable doubt.

 

  • Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not be parts of the same forgery.

 

  • Prosecutorial misconduct:  There may be prosecutorial misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general course of your case.

 

  • Possible other defenses to forgery:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa employs logical, bottom line analysis while thinking outside the box so she may come up with a novel defense that no other attorney has thought of before.

 

If you or a loved one is facing a charge of forgery, it’s very important to hire a thorough and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona forgery defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

Phoenix Criminal Defense Lawyer