What is Criminal Possession of a Forgery Device A.R.S. 13-2003?

A person commits possession of a forgery device if they:

• Make or possess any plate, die, or other device specifically designed for use in forging written instruments; or

• Possess any device, apparatus, equipment, software, or article adapted or designed for forging with the intent to use it, or aid or permit another to use it, for forgery.

The experienced criminal defense attorney knows that an object as simple as a pen can be alleged to be a device under this statute according to law enforcement officers.

What are the Penalties for Possession of a Forgery Device A.R.S. 13-2003?

Class 6 Felony – General Sentencing Ranges (Arizona)

Per Arizona's sentencing guidelines (A.R.S. § 13-702 and § 13-703):

For First-Time Offenders (Non-Dangerous, Non-Repetitive):

• Minimum: 6 months

• Presumptive: 1 year

• Maximum: 1.5 years

• Aggravated: 2 years

These are prison terms; however, probation is often available for first-time offenders.

Class 6 Felony May Be Reduced to a Misdemeanor

Under A.R.S. § 13-604, a judge has discretion to designate a Class 6 felony as a Class 1 misdemeanor if:

• The person has no prior felonies, and

• The circumstances of the offense are less severe.

Penalty for Class 1 Misdemeanor:

• Up to 6 months in jail

• Up to $2,500 in fines, plus surcharges

• Probation (up to 3 years)

For Repeat or Dangerous Offenders

If the defendant has prior felony convictions, penalties increase significantly:

For One Prior Felony:

• Minimum: 1 year

• Presumptive: 1.75 years

• Maximum: 2.25 years

For Two or More Prior Felonies:

• Minimum: 3 years

• Presumptive: 3.75 years

• Maximum: 4.5 years

Other Possible Consequences

• Fines and fees

• Restitution (if any financial harm occurred)

• Probation or parole

• Community service

• Loss of civil rights (e.g., voting, gun ownership – but may be restorable later)

What are the Defenses to Possession of a Forgery Device?

• Lack of Intent to Commit Forgery

  • A core element of the crime is intent to use the device for forgery.

  • If the defendant possessed the item without the intent to commit forgery (e.g., for artistic, educational, or lawful professional use), this can be a defense.

• Lack of Knowledge

  • If the person did not know the nature of the device or that it was being used for forgery, that could be a defense.

  • For example, unknowingly receiving a forgery device in a shipment.

• Lawful Possession / Authorization

  • Certain professionals (e.g., law enforcement, security experts, or printing professionals) may lawfully possess devices that could be used for forgery, if used for legitimate purposes.

• Entrapment

  • If law enforcement induced the defendant to commit the offense they otherwise wouldn't have committed, entrapment may apply under A.R.S. § 13-206.

• Constitutional Defenses

  • Such as illegal search and seizure (Fourth Amendment) or violation of Miranda rights (Fifth Amendment).

Contact Brian Di Pietro Law, PLLC, Arizona's Tough Experienced Aggressive Defense of Forgery Lawyer

Contact Brian Di Pietro Law, PLLC today for a free case evaluation about your pending criminal possession of a forgery device case in Arizona. Brian Di Pietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular criminal possession of a forgery device charges. Contact now Brian Di Pietro Law, PLLC at 623-242-2655 for a free confidential case evaluation about your criminal possession of a forgery device crime charge in Arizona.