Hope everyone is doing well out there in the blogosphere. Today, as we have done for the past week, we are going to continue on our journey of crimes and their immigration consequences. Today’s topic is forgery (A.R.S. 13-2002).
A.R.S. 13-2002 lays out the general elements of forgery as “With intent to defraud, the person:1. Falsely makes, completes or alters a written instrument; or 2. Knowingly possesses a forged instrument; or 3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information.
The first thing that is relatively straight forward is that the first words of the statute, “with intent to defraud” indicate clearly that if convicted under this statute it will be a crime of moral turpitude.
Forgery will become an aggravated felony if the sentence imposed is greater than one year.
Possession of forgery device, A.R.S. § 13-2003A is also a crime that has very important immigration ramifications.
A person commits criminal possession of a forgery device if the person either: Makes or possesses with knowledge of its character and with intent to commit fraud any plate, die, or other device…. specifically designed or adapted for use in forging written instruments, or 2. Makes or possesses any device, apparatus …. adaptable for use in forging written instruments with intent to use it or to aid or permit another to use it for purposes of forgery.
Like forgery, possession of forgery device is also a crime of moral turpitude. And it will become an aggravated felony if the sentence imposed is greater than one year
So what happens if I am facing either of the above crimes? It will be very difficult to plea to a lesser included offense so the best thing to do if that is not a possibility is to make sure that a sentence imposed is less than 365 days.
If you are convicted of forgery and you have immigration issues please do not hesitate to contact the Phoenix immigration lawyers at Ariano & Reppucci, PLLC who can both assist your criminal attorney and you minimize any immigration consequences from your criminal convictions. To set up an appointment call 602-515-0841.
