Joshua A. Lopez, Esq.

Trusted Criminal Defense Attorney Serving Scottsdale, Phoenix, and Maricopa County

Smart Defense. Strong Results.

Attorney Josh

Phoenix Possession of Forgery Device Lawyer

Possession of a forgery device is a standalone felony offense under Arizona law. ARS § 13-2003 makes it illegal to possess tools or devices designed for creating forged documents—even if you never actually commit forgery. This charge often accompanies identity theft, fraud, and forgery investigations, but can also arise from possessing equipment with legitimate uses that prosecutors characterize as forgery tools.

Attorney Josh Lopez represents clients throughout Phoenix facing possession of forgery device charges.

→ For forgery charges, see: Phoenix Forgery Lawyer
→ For fraud charges, see: Phoenix Fraud Lawyer

Possession of Forgery Device (ARS § 13-2003)

Definition

A person commits possession of a forgery device by making, causing to be made, or possessing any plate, die, or other device or apparatus specifically designed or adapted for the making of any written instrument.

Classification and Penalties

Class 6 Felony:

Sentence (First Offense)	Range
Mitigated	4 months
Presumptive	1 year
Aggravated	2 years
Probation	Eligible

Prior felony convictions increase sentencing ranges.

What Qualifies as a “Forgery Device”

Equipment That May Be Charged

Check-Related:

Blank check stock
Check printing software
MICR (magnetic ink) printers
Check encoding equipment

Identification Documents:

ID card printers
Laminating equipment with templates
Hologram overlays
Blank ID card stock
Software for creating fake IDs

Financial Instruments:

Credit card embossers
Magnetic stripe writers
Card printing equipment
Blank card stock

Computer Equipment:

Software designed for creating false documents
Templates for official documents
Editing software with forged documents

The “Specifically Designed or Adapted” Requirement

Not all equipment used in forgery qualifies. The law requires the device be:

Specifically designed for creating forged instruments, OR
Adapted for that purpose (modified or configured for forgery)

Standard printers, computers, and software may not qualify unless specifically adapted for forgery.

Common Scenarios in Phoenix

Identity Theft Investigations

Possession of forgery device often accompanies identity theft charges when police discover:

Equipment for creating fake IDs
Capability to produce fraudulent documents
Materials for making counterfeit cards

Check Fraud Cases

Investigations into check fraud frequently result in additional charges when:

Check printing equipment found
Blank check stock discovered
Software for generating checks identified

Fake ID Manufacturing

Creating or possessing equipment to make fake identification:

Student/minor fake IDs
Identity documents for fraud
Employment authorization documents

Business Fraud

Commercial fraud investigations revealing:

Equipment for creating false invoices
Counterfeit business documents
Fraudulent certificates or licenses

Defense Strategies

Equipment Not “Specifically Designed” for Forgery

Standard equipment with legitimate uses doesn’t qualify:

Regular printers and computers
Generic laminating equipment
Standard software
Materials with lawful business purpose

No Knowledge of Device’s Purpose

You didn’t know the equipment was designed for or adapted to forgery:

Purchased for legitimate purpose
Inherited or received without knowledge
Didn’t understand device’s capability

Lawful Purpose

The equipment is possessed for legitimate purposes:

Legitimate business use
Authorized document creation
Lawful printing services

Constitutional Violations

Evidence should be suppressed if:

Unlawful search discovered the device
Warrant was defective
Consent was coerced
Miranda violations occurred

Constructive Possession Issues

You didn’t actually possess the device:

Found in shared space
Others had access
No connection to you

Related Offenses

Forgery (ARS § 13-2002)

Actually creating, possessing, or using forged documents—Class 4 Felony.

→ See: Phoenix Forgery Lawyer

Fraud (ARS § 13-2310)

Fraudulent schemes and artifices—Class 2 Felony.

→ See: Phoenix Fraud Lawyer

Identity Theft (ARS § 13-2008)

Using another person’s identifying information—Class 4 Felony (1-4 victims) or Class 3 Felony (5+ victims).

Criminal Simulation (ARS § 13-2004)

Making objects appear to have value they don’t—Class 6 Felony.

Collateral Consequences

Crime of Dishonesty

Like forgery and fraud, possession of forgery device is a crime involving dishonesty:

Severe employment consequences
Professional license impact
Background check disqualification
Trust-related position bars

Felony Record

Creates permanent felony record with:

Voting rights loss (until restored)
Firearm rights loss
Enhanced penalties for future offenses
Immigration consequences

Frequently Asked Questions

Is possession of a forgery device always a felony?

Yes. ARS § 13-2003 makes possession of a forgery device a Class 6 Felony. There is no misdemeanor version of this offense.

Can I be charged if I never actually made a forged document?

Yes. Possession of the device itself is the crime—you don’t have to actually commit forgery to be charged with possession of a forgery device.

What if I had the equipment for legitimate purposes?

Legitimate use is a defense. If the equipment was possessed for lawful business purposes and wasn’t “specifically designed or adapted” for forgery, this can challenge the charges.

Does owning a printer make me guilty?

No. Standard printers and computers aren’t “specifically designed” for forgery. The law targets equipment designed or adapted specifically for creating forged instruments.

What if the device was found in my car but wasn’t mine?

Constructive possession requires knowledge and control. If you didn’t know about the device or it belonged to someone else, this may be a defense.

Will this affect my ability to get a job?

Yes. As a felony and crime of dishonesty, a conviction severely impacts employment opportunities, especially for positions involving documents, trust, or financial responsibility.

Contact a Phoenix Forgery Device Defense Attorney

Possession of a forgery device is a felony that creates a permanent “crime of dishonesty” record. Whether the charge accompanies other offenses or stands alone, an experienced attorney can evaluate defenses, challenge the evidence, and work toward the best possible outcome.

Attorney Josh Lopez defends possession of forgery device 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.