Arizona Forgery Laws
Forgery in Arizona involves creating, altering, or using false documents with intent to defraud. Under ARS § 13-2002, forgery is always a Class 4 Felony—there is no misdemeanor forgery offense. Because forgery is classified as a “crime of dishonesty,” a conviction creates lasting consequences for employment, professional licensing, and immigration status that often exceed the impact of the criminal sentence itself.
Attorney Josh represents clients throughout Arizona facing forgery charges.
Forgery Under Arizona Law (ARS § 13-2002)
A person commits forgery if, with intent to defraud, the person:
1. Falsely Makes, Completes, or Alters a Written Instrument
Creating a false document or modifying a genuine document to change its meaning or effect.
Examples:
- Creating fake checks
- Altering amounts on documents
- Adding unauthorized signatures
- Changing dates or terms
2. Knowingly Possesses a Forged Instrument
Having custody or control of a document you know is forged.
Examples:
- Possessing counterfeit checks
- Holding fake identification
- Having forged contracts
3. Offers or Presents a Forged Instrument
Using or attempting to use a forged document.
Examples:
- Cashing a forged check
- Presenting fake ID
- Submitting forged contracts
Written Instruments Covered
Arizona’s forgery statute covers any “written instrument” including:
Financial Instruments
- Checks and money orders
- Promissory notes
- Securities and bonds
- Credit applications
Identification Documents
- Driver’s licenses
- Passports and visas
- State identification cards
- Social Security cards
- Birth certificates
Legal Documents
- Contracts and agreements
- Deeds and titles
- Powers of attorney
- Court documents
- Wills and trusts
Government Documents
- Permits and licenses
- Certificates
- Official forms
- Government correspondence
Commercial Documents
- Invoices and receipts
- Purchase orders
- Shipping documents
- Insurance documents
Medical Documents
- Prescriptions
- Medical records
- Insurance claims
Academic Documents
- Diplomas and degrees
- Transcripts
- Certifications
Classification and Penalties
Class 4 Felony
| Sentence (First Offense) | Range |
| Mitigated | 1.5 years |
| Presumptive | 2.5 years |
| Aggravated | 3.75 years |
| Probation | Eligible |
Prior Felony Enhancement
| Prior Felonies | Sentence Range |
| 1 prior | 2.25 – 7.5 years |
| 2+ priors | 6 – 15 years |
Related Forgery Offenses
Possession of Forgery Device (ARS § 13-2003)
Making or possessing devices specifically designed for creating forged documents.
Examples:
- Check printing equipment
- ID card manufacturing tools
- Counterfeit stamps or seals
Classification: Class 6 Felony
Criminal Simulation (ARS § 13-2004)
Making objects appear to have value they don’t possess—such as counterfeit antiques or fake art.
Classification: Class 6 Felony
Obtaining Signature by Deception (ARS § 13-2005)
Tricking someone into signing a document they don’t understand.
Classification: Class 4 Felony
Tampering with Public Records (ARS § 13-2407)
Falsifying or destroying public records.
Classification: Class 6 Felony
Common Forgery Scenarios
Check Forgery
The most common forgery offense:
- Signing someone else’s name
- Creating counterfeit checks
- Altering check amounts
- Cashing checks made to others
Identity Document Forgery
Creating or using fake identification:
- Fake driver’s licenses (often by minors)
- Fraudulent employment documents
- Counterfeit government IDs
Contract Forgery
Falsifying business documents:
- Forging signatures on contracts
- Altering agreement terms
- Creating fake business documents
Prescription Forgery
Creating or altering prescriptions:
- Fake prescriptions for controlled substances
- Altering prescription amounts
- Using stolen prescription pads
Real Estate Document Forgery
Falsifying property documents:
- Forged signatures on deeds
- Fake notarizations
- Fraudulent title documents
Defense Strategies
Lack of Intent to Defraud
Forgery requires specific intent to defraud:
- Document wasn’t intended to deceive
- Created for personal/non-fraudulent purpose
- Obviously fake, not meant to deceive anyone
- No financial or legal gain intended
Authorization
You had permission to sign or create the document:
- Power of attorney
- Employment authority
- Explicit consent from document owner
- Acting within scope of agency
Lack of Knowledge (Possession Charges)
For possession charges:
- Didn’t know document was forged
- Believed document was genuine
- No reason to suspect forgery
- Received in good faith
Document Doesn’t Qualify
Not all documents are “written instruments” under Arizona law:
- Document has no legal significance
- Not the type of instrument covered by statute
Constitutional Violations
Evidence suppression for:
- Illegal search and seizure
- Miranda violations
- Improper interrogation
Collateral Consequences
Crime of Dishonesty
Forgery is a “crime involving moral turpitude” with severe consequences:
Employment:
- Disqualification from positions involving documents
- Bars from financial responsibility positions
- Background check failures
Professional Licensing:
- Denial of new licenses
- Revocation of existing licenses
- Affects: legal, financial, medical, real estate, education
Immigration:
- Deportation
- Inadmissibility
- Denial of naturalization
Felony Record
- Loss of voting rights (until restored)
- Loss of firearm rights
- Enhanced penalties for future offenses
Forgery vs. Related Offenses
| Offense | Key Difference |
| Forgery | Creating/using false documents |
| Fraud | Deception to obtain benefit (broader) |
| Identity Theft | Using another’s personal information |
| Theft | Taking property without deception |
Many cases involve multiple charges—forgery often accompanies fraud and identity theft charges.
Frequently Asked Questions
Is forgery always a felony in Arizona?
Yes. Under ARS § 13-2002, forgery is a Class 4 Felony. There is no misdemeanor forgery in Arizona.
What if I signed someone’s name with their permission?
Authorized signing is not forgery. If you had valid permission through power of attorney, employment authority, or explicit consent, this is a complete defense.
Can I be charged with forgery if I never used the document?
Yes. Merely possessing a forged document with intent to defraud is forgery under ARS § 13-2002(A)(2).
What is the statute of limitations for forgery?
For felony forgery, the statute of limitations is generally 7 years.
How does forgery affect professional licenses?
Severely. Forgery is a crime of dishonesty that typically results in denial or revocation of professional licenses in fields requiring trust and integrity.
Can forgery charges be dismissed?
Yes. If the prosecution cannot prove intent to defraud, authorization existed, or the document doesn’t qualify as a written instrument, charges may be dismissed.
What if I didn’t know the document was fake?
Lack of knowledge is a defense to possession charges. The prosecution must prove you knew the document was forged.
Forgery Defense Throughout Arizona
Forgery charges carry felony penalties and permanent consequences as a “crime of dishonesty.” Attorney Josh represents clients facing forgery allegations throughout Arizona.
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Call (480) 386-1824 for a free consultation.