False Documents

New York And Westchester Criminal Defense Attorney

With the United States Immigration Laws being as draconian as they are, many undocumented immigrants face a quandry of using false documents to obtain work or don't work or eat. The problem is that the United States government requires every employer to file an emplyer verification form with their employee's social security numbers. The dilema arises because undocumented workers are not given social security numbers.

False document charges arise when undocumented aliens fill out forms which require social security numbers and make up numers or carry fake social security or other identification cards. These charges are also brought when undocumented aliens apply for licenses such as landscaper licenses, contractor licenses or drivers licenses and put false social security numbers down on applications.

When considering a plea deal, the immigration consequences must be considered because many of the sections under New York law involve fraud elements, which are generally considered crimes involving moral turpitude under Immigration Law. Michael Joseph has handled numerous charges and has been able to get charges reduced and structured plea deals so that the conviction will not result in immigration consequences.

A Brief Summary of New York's Fraudulent Document laws are as follows:

Criminal possession of a forged instrument in the third degree is a Class A Misdemeanor

Uttering or possessing a forged instrument with knowledge that it is forged and with intent to defraud, deceive or injure another. An instrument is basically any written document that conveys information.

Criminal possession of a forged instrument in the second degree is a Class D felony

Possession of a forged instrument with knowledge that it is forged and with intent to defraud, deceive or injure another and uttering or possessing any written forged instrument which is a deed, will, codicil, contract, assignment, commercial instrument, credit card or a document filed with a government agency.

Criminal possession of a forged instrument in the first degree Is A Class C Felony

With knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in money, stamps, bonds or other government issued document.