Forgery in New Jersey

N.J.S.A. 2C:21-1 · Fraud & White Collar Offenses

What the law says

A person commits forgery by acting with purpose to defraud or injure anyone, or knowing that the person is facilitating someone’s fraud or injury, and altering, creating, issuing, transferring, or uttering certain writings in the ways specified by the statute. The section also prohibits making or possessing devices specially designed or adapted for forging written instruments, including access devices and personal identifying information, with the purpose of using them or aiding or permitting another to use them for forgery.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:21-1, that means:

• For forgery, the person acts with purpose to defraud or injure anyone, or with knowledge that the person is facilitating a fraud or injury to be perpetrated by anyone.
• The person alters or changes another person’s writing without that person’s authorization.
• The person makes, completes, executes, authenticates, issues, or transfers a writing so that it purports to be the act of another who did not authorize it, the act of a fictitious person, to have been executed at a different time or place or in a different numbered sequence than was actually the case, or to be a copy of an original when no such original existed.
• The person utters a writing that the person knows to be forged in one of the ways specified in paragraph (1) or (2).
• For possession of forgery devices, the person acts with purpose to use a device, apparatus, equipment, computer, computer equipment, computer software, or article—or to aid or permit another to use it—for forging written instruments, including access devices and personal identifying information, and makes or possesses an item specially designed or adapted for that use.

How the charge is graded

• Forgery is a crime of the third degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments, certificates or licenses issued by the government, New Jersey Prescription Blanks as referred to in R.S.45:14-14, or part of an issue of stock, bonds or other instruments representing interest in or claims against any property or enterprise, personal identifying information or an access device.
• Forgery is a crime of the third degree if the writing is or purports to be a check.
• Forgery is a crime of the third degree if the writing is or purports to be 15 or more forged or altered retail sales receipts or universal product code labels.
• Otherwise forgery is a crime of the fourth degree.
• Possession of forgery devices is a crime of the third degree.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• "Writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, access devices, and other symbols of value, right, privilege, or identification, including retail sales receipts, universal product code (UPC) labels and checks.
• This section applies without limitation to forged, copied or imitated checks.
• As used in this section, "information" includes, but is not limited to, personal identifying information as defined in subsection v. of N.J.S.2C:20-1.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to defraud, as opposed to a business dispute or honest mistake
• Challenging loss calculations that drive the degree of the charge
• Document, bank-record, and electronic-evidence review with forensic accountants
• Early negotiation and restitution that can keep a case out of state prison

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Forgery charge.

Related charges

• Theft by Deception →
• Theft by Extortion →
• Computer Criminal Activity →
• Bad Checks →
• Credit Card Fraud →
• Insurance Fraud →
• Identity Theft →
• Money Laundering →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.