Phoenix Forgery Lawyer

Forgery charges in Arizona involve creating, altering, or using false documents with intent to defraud. Under ARS § 13-2002, forgery is a Class 4 Felony carrying potential prison time—even for a first offense. Because forgery is considered a “crime of dishonesty,” a conviction creates lasting consequences for employment, professional licensing, and immigration status.

Attorney Josh represents clients throughout Phoenix facing forgery allegations, from accusations involving checks and contracts to complex document fraud cases.

Arizona Forgery Statute (ARS § 13-2002)

Under ARS § 13-2002, a person commits forgery if, with intent to defraud, the person:

1. Falsely Makes, Completes, or Alters a Written Instrument

This covers creating fake documents or changing authentic documents. Examples include:

• Creating fake checks
• Altering the amount on a check
• Changing names on contracts
• Creating fake identification documents
• Altering receipts or invoices

2. Knowingly Possesses a Forged Instrument

Having possession of a document you know is forged—even if you didn’t create it—can support forgery charges.

3. Offers or Presents a Forged Instrument

Using a forged document—presenting it to obtain something of value or to deceive—constitutes forgery. This includes:

• Cashing forged checks
• Using fake IDs
• Submitting altered contracts
• Presenting forged prescriptions

Key element: All forgery charges require intent to defraud. Without proof of fraudulent intent, forgery charges cannot stand.

What Constitutes a “Written Instrument”

Arizona law defines “written instrument” broadly to include any document or item that can be used to affect legal rights or obligations:

• Financial instruments: Checks, money orders, promissory notes
• Identification documents: Driver’s licenses, passports, ID cards
• Legal documents: Contracts, deeds, wills, powers of attorney
• Government documents: Official permits, licenses, certificates
• Commercial documents: Receipts, invoices, purchase orders
• Academic documents: Diplomas, transcripts, certificates
• Medical documents: Prescriptions, medical records
• Electronic records: Digital documents, electronic signatures (in some circumstances)

Forgery Classifications and Penalties

Forgery under ARS § 13-2002 is a Class 4 Felony.

First Offense (No Prior Felonies)

Sentence Type	Range
Mitigated	1.5 years
Presumptive	2.5 years
Aggravated	3.75 years
Probation	Eligible

With One Prior Felony

Sentence Type	Range
Mitigated	2.25 years
Presumptive	3.75 years
Aggravated	7.5 years

With Two or More Prior Felonies

Sentence Type	Range
Mitigated	6 years
Presumptive	10 years
Aggravated	15 years

Related Offenses

Possession of Forgery Device (ARS § 13-2003)

Possessing tools, equipment, or materials designed or adapted for forgery—such as check-printing equipment, embossing devices, or computer software for creating fake IDs—is a Class 6 Felony.

→ See: Phoenix Possession of Forgery Device Lawyer

Criminal Simulation (ARS § 13-2004)

Making, altering, or presenting an object so it appears to have value it does not possess (such as fake art, counterfeit collectibles, or altered antiques) with intent to defraud is a Class 6 Felony.

Obtaining a Signature by Deception (ARS § 13-2005)

Inducing another person to sign a document through deception regarding its character or contents is a Class 6 Felony.

Fraudulent Schemes (ARS § 13-2310)

When forgery is part of a larger scheme to defraud, prosecutors may charge both forgery and fraudulent schemes—a Class 2 Felony.

→ See: Phoenix Fraud Lawyer

Theft by Deception (ARS § 13-1802(A)(3))

Using forged documents to obtain property may also support theft charges based on the value obtained.

→ See: Phoenix Theft Lawyer

Common Forgery Scenarios in Phoenix

Check Forgery

The most common forgery cases involve checks:

• Signing someone else’s name on a check
• Altering the amount on a check
• Creating counterfeit checks
• Endorsing and cashing checks made out to others

Identity Document Forgery

Creating or using fake identification documents:

• Fake driver’s licenses
• Altered identification cards
• Counterfeit government documents

Contract and Legal Document Forgery

Altering or creating false business or legal documents:

• Forged signatures on contracts
• Altered deeds or titles
• Fake powers of attorney
• Forged wills or estate documents

Prescription Forgery

Creating, altering, or using fake prescriptions to obtain controlled substances. These cases often involve both forgery and drug charges.

Workplace Document Forgery

Employment-related forgery including:

• Forged timesheets or expense reports
• Fake credentials or certifications
• Altered employment records

Defense Strategies for Forgery Charges

Lack of Intent to Defraud

Forgery requires intent to defraud. Defense strategies include:

• No fraudulent purpose: The document was not intended to deceive anyone for financial or legal gain
• Personal use only: The document was created for personal purposes without intent to use it fraudulently
• Joke or prank: The document was obviously fake and not intended to deceive

If fraudulent intent cannot be proven, forgery charges cannot stand.

Lack of Knowledge

If you did not know a document was forged:

• You received the document from someone else and believed it was authentic
• You were an innocent party used by others to pass forged documents
• You had no reason to suspect the document was false

Authorization

If you had authorization to sign on behalf of another person:

• Power of attorney
• Agency relationship
• Employment authority
• Permission from the document owner

Authorized signing is not forgery—the prosecution must prove the signature or alteration was unauthorized.

Document Not “Written Instrument”

The prosecution must prove the document qualifies as a “written instrument” under Arizona law. Some items may not meet the legal definition.

Mistaken Identity

In cases involving documents passed at businesses or through multiple hands, the person who presented the document may not be the person charged:

• Video evidence doesn’t clearly identify defendant
• Multiple people handled the document
• Witness identification is unreliable

Constitutional Violations

Evidence may be suppressed if obtained through:

• Illegal searches
• Miranda violations
• Improper interrogation techniques

Collateral Consequences

Crime of Dishonesty

Forgery is classified as a “crime of dishonesty” or “crime involving moral turpitude.” This has significant collateral consequences:

Employment: A forgery conviction makes it extremely difficult to obtain employment in positions involving:

• Financial responsibility
• Document handling
• Trust or fiduciary duties
• Government or security clearances

Professional Licensing: Forgery convictions typically result in denial or revocation of professional licenses in:

• Banking and finance
• Real estate
• Accounting
• Law
• Healthcare
• Insurance

Immigration: For non-citizens, forgery is considered a crime involving moral turpitude (CIMT), potentially triggering:

• Deportation
• Inadmissibility
• Denial of naturalization

Civil Rights: Felony conviction results in loss of:

• Voting rights (until civil rights restored)
• Firearm rights
• Jury service eligibility

Frequently Asked Questions

Is forgery always a felony in Arizona?

Yes. Under ARS § 13-2002, forgery is a Class 4 Felony. Related offenses like possession of forgery device and criminal simulation are Class 6 Felonies. There is no misdemeanor forgery in Arizona.

What if I signed someone else’s name with their permission?

Authorized signing is not forgery. If you had permission to sign on someone’s behalf—through power of attorney, employment authority, or explicit consent—this is a defense. The key is whether the signature was authorized, not whether it was technically your name.

Can forgery charges be reduced or dismissed?

Yes. Forgery charges may be dismissed if the prosecution cannot prove intent to defraud, if the document doesn’t qualify as a written instrument, or if evidence is suppressed due to constitutional violations. Negotiated pleas may reduce charges in some cases.

What is the difference between forgery and fraud?

Forgery specifically involves false documents—creating, altering, or using documents with intent to defraud. Fraud is broader, encompassing any scheme to deceive for financial gain. Many cases involve both forgery (the fake document) and fraud (the scheme to use it).

Can I be charged with forgery if I didn’t create the fake document?

Yes. Under Arizona law, knowingly possessing a forged instrument or offering/presenting a forged instrument (even if created by someone else) can support forgery charges if you acted with intent to defraud.

Does a forgery conviction affect professional licenses?

Almost always, yes. Forgery is a crime of dishonesty, and most professional licensing boards view such convictions very seriously. Many licenses require disclosure of criminal history and may be denied, suspended, or revoked based on forgery convictions.

Contact a Phoenix Forgery Defense Attorney

Forgery charges carry felony penalties and lasting consequences as a “crime of dishonesty.” These cases often involve complex evidence about intent, authorization, and knowledge. An experienced attorney can evaluate the evidence, challenge the prosecution’s case, and work toward the best possible outcome.

Attorney Josh defends forgery charges throughout Phoenix and Maricopa County.

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 or complete the contact form to schedule your free consultation.