Forgery in Arizona is a serious felony that could carry a prison sentence of up to 8.75 years. If you’ve been charged with forgery, you need to understand the serious consequences you could be facing.

What is Forgery?

Forgery is a type of fraud. Under Arizona law, you can be found guilty of forgery if you:

1. Falsely make, complete, or alter a written instrument
2. Knowingly possess a forged instrument
3. Offer or present a forged instrument or one that contains false information. This is considered forgery even if the forged instrument is not accepted.

The definition of “written instrument” is very broad, and includes any written paper or document, as well as “any stamp, seal, badge, trademark, graphical image, access device or other evidence or symbol of value, right, privilege or identification.” So, it would be considered forgery to sign someone else’s name on a check, but it would also be forgery to alter the amount of a check that someone else has given you.

In order to be convicted of forgery, you must have acted with “intent to defraud”. This means an intent to deceive or cheat someone — usually that you were attempting to pass the forged instrument off as the real thing. This intent to defraud is an element of the crime that the government has to prove at trial for you to be found guilty. However, if you possessed five or more forged instruments, the intent to defraud can be assumed by the jury without any additional evidence being presented.

In most circumstances, forgery is a class 4 felony. However, if the forged instrument is used in connection with purchasing, leasing, or renting a dwelling that is used as a drop house —which is a property that is used to facilitate human trafficking — it is a class 3 felony.

Criminal Possession of a Forgery Device and Other Related Crimes

In Arizona, criminal possession of a forgery device is also a crime. It is a class 6 felony for you to make or possess a forgery tool (“any plate, die, or other device, apparatus, equipment, software, access device, article, material, good, property or supply”) with the intent to commit fraud. It is a class 5 felony to make or possess a forgery tool with the intent to commit forgery.

Other offenses that are related to forgery include:

• Criminal simulation
• Obtaining a signature by deception
• Criminal impersonation
• Unlawful use of slugs
• Identity theft
• Aggravated identity theft
• Identity trafficking
• Fraudulent creation or possession of admission tickets

Sentencing in Arizona

In order to understand the potential penalties that may be imposed for a forgery-related conviction, you first need to understand sentencing laws in Arizona. There are five levels of potential sentences: presumptive, minimum, maximum, mitigated, and aggravated.

The presumptive sentence is the starting point. If there are no aggravating or mitigating factors involved in the offense, as discussed below, then you will receive the presumptive sentence.

Mitigating Factors

Arizona law allows a sentence to be mitigated — or reduced — by circumstantial factors that make the defendant less deserving of punishment. Some mitigating factors that may be involved in forgery cases include:

• The defendant’s age
• Whether the defendant had a reduced ability to understand that what he was doing was wrong
• Whether the defendant was under duress
• If the defendant played a minor role in the crime

If it is determined that at least one of these mitigating factors apply, the minimum sentence may be used. If two or more mitigating factors apply, the sentence may be decreased to the mitigated term.

Aggravating Factors

Conversely, Arizona law also allows a sentence to be increased based on aggravating factors that make the offense more serious. Common aggravating factors that may apply in forgery cases include:

• The presence of an accomplice
• The offense was committed to gain something of monetary value
• The victim was at least sixty-five or disabled

If one or more aggravating factors are found, then the maximum sentence may be issued. If at least two aggravating factors are present, then the defendant may receive the aggravated sentence.

Repeat Offenses

Arizona law also increases sentences for defendants who have committed previous felonies, called repetitive offenders. Defendants who have been convicted of one previous felony are considered category one repetitive offenders; defendants with two previous felonies are category two repetitive offenders, and those with three or more prior felonies are labeled category three repetitive offenders. The full range of sentences, from mitigated to aggregated, are increased at each level.

What are the Potential Penalties?

In Arizona, a first offense a class 3 felony conviction for forgery that is associated with a drop house is punishable by a range of sentences between 2 years and 8.75 years.

The terms of imprisonment for first-time offenders are listed below:

Sentences for repeat offenders range from 2 years to 25 years.

A class 4 felony for forgery carries a range of sentences between 1 year and 3.75 years. The potential prison terms for first-time offenders are:

Repeat offenders face sentences ranging from 1 year to 15 years.

When it constitutes a class 5 felony, criminal possession of a forgery device is punishable by a range of sentences between 6 months and 2.5 years. The full range of potential sentences for first-time offenders is shown below:

Repeat offenders may be imprisoned for terms ranging from 6 months to 7.5 years.

Finally, the penalty for a class 6 felony conviction for criminal possession of a forgery device ranges from 4 months to 2 years. The potential terms of imprisonment for first-time offenders are as follows:

Sentences for repeat offenders range from 6 months to 5.75 years.

In addition to imprisonment, forgery convictions can result in fines, probation, parole, and an increased sentence if you commit a future crime. A felony conviction on your record can also limit your ability to obtain housing, employment, or a professional license, and can have many other unforeseen consequences.

If you have been arrested for forgery or a related offense, a skilled defense attorney can help you navigate the complicated court system and minimize the penalties you may face for forgery.