NRS 205.160: Legal Implications of Possessing Forged Instruments
Nevada law treats possession of forged money or checks as a serious crime that can affect your future dramatically. You might not know that just having counterfeit currency or forged checks without using them can lead to felony charges.
Naturally, there are individuals who would exploit counterfeits to manipulate the system. For example, this man who tried to use counterfeit chips at various Las Vegas casinos. The casinos’ security team was able to detect the fake chips and apprehend the man before he could cause any financial damage. This is just one of the many instances where counterfeit items have been used for ill intentions.
If you or anyone you know is facing criminal charges, you need an expert criminal defense attorney who knows the law and can protect your rights. The Defenders is a Las Vegas-based law firm that has been defending clients for years from criminal charges of all kinds. Our team has the expertise and experience necessary to provide you with the best defense possible.
Contact our office today to discuss your case for free.
What Are Forged Instruments According to NRS 205.160
Forged instruments in Nevada are documents that someone has intentionally altered or created to deceive others. This can include money, checks, or any other legal documents which we’ll go over below.
Different Types of Forged Instruments
The law covers many financial and legal instruments, such as:
- Promissory notes and travelers’ checks
- Bank bills and money orders
- Blank or unfinished notes
- Property payment documents
Note that this statute also says criminal charges can apply even if you didn’t create the forgery. Just having these items while knowing they’re fraudulent and planning to use them can lead to criminal charges
Real-Life Examples
Here are some examples of forged instruments that could lead to criminal charges:
- You receive a fake $100 bill and knowingly try to use it for purchases.
- You cash or deposit a check that you know is fraudulent.
- Someone gives you a deed to property, which they altered, and you use it as proof of ownership.
Elements of the Criminal Offense
The prosecution must prove three distinct components to handle cases with possession of forged instruments.
Possession Requirement
The possession itself is a vital element we get into for these cases. The law specifically addresses having forged items in your possession or receiving them from someone else.
However, mere possession of these items won’t lead to conviction – prosecutors need to prove the elements below as well.
Intent to Defraud
The intent to defraud is a key element of this crime — no conviction can happen without it. This means that prosecutors must prove you possessed the forged item specifically to:
- Pass it off as genuine
- Cause it to be used or passed
- Complete unfinished documents with fraudulent intent
Knowledge of Forgery
Your awareness of the forgery becomes the final element for this crime.
A person holding a counterfeit document can’t be convicted without knowing it was forged.
For instance, someone who unknowingly uses a counterfeit bill in good faith likely won’t face conviction. Say you bought some groceries at a market. The merchant hands you some counterfeit bills as change. You then use this inside a casino where you got caught.
Charges in this case should be dropped as you did not have any knowledge of the counterfeit money.
Penalties for Possessing or Receiving Forged Instruments
NRS 205.160 is clear on what penalties you will face if convicted. Here’s a list of what you should expect:
Category C Felony Classification
The charges for possession or receiving of forged documents are a felony classified as a category C crime in Nevada.
Prison Sentences and Fines
A category C felony conviction comes with the following:
- A minimum prison term of 1 year and maximum of 5 years
- Potential fines up to $10,000
Restitution Requirements
The court might also order you to pay restitution, which is the money you owe to the alleged victims from your actions.
Related Crimes
While NRS 205.160 focuses on possession or receiving of forged instruments, other related crimes might come up in court.
The most common related offenses include:
- Burglary and Theft: Charges apply when someone gets forged documents through breaking and entering
- Computer Fraud: These charges emerge especially when you have electronic forgery or online banking
- Embezzlement: Employees who misappropriate funds using forged documents often face this charge
- Identity Theft: This charge surfaces when forged instruments help impersonate others
Prosecutors typically pursue multiple charges from a single incident. Someone found with counterfeit money through computer fraud could face both forgery and cybercrime charges.
Each related offense brings its own penalties and legal implications, which adds complexity to these cases. A Category C felony applies to possession of forged instruments, while related crimes like embezzlement or identity theft might carry harsher consequences.
Record Sealing Options
If you’ve been convicted of possessing or receiving forged instruments, Nevada law allows for record sealing under certain circumstances. This process can help remove this charge from your criminal record and give you a fresh start. However, it’s crucial to have an experienced attorney guide you through this process.
A category C felony conviction requires a waiting period of at least 5 years before you can apply for record sealing. During this time, you must not have any new convictions or charges pending against you.
Once the waiting period is over, our team at The Defenders can help you prepare and submit your application for record sealing to the court. We’ll ensure that all necessary information is included and advocate on your behalf in front of a judge.
Don’t let a conviction for possessing or receiving forged instruments ruin your future opportunities. Contact us today to discuss your case and find out if record sealing might be an option for you.
What To Do If Accused Of Possessing or Receiving Forged Instruments
If you’re facing charges for possessing or receiving forged instruments, it’s critical to act immediately. A conviction for such an offense can have severe, life-altering consequences. Having an experienced criminal defense attorney by your side is essential to protect your rights and your future.
At The Defenders, we know how complex and challenging these cases can be. Our team is committed to thoroughly investigating the evidence against you and crafting a strong, customized defense strategy that fits the specifics of your case. Time is of the essence—do not wait to take action.
Under NRS 205.160, possession of forged instruments is treated as a serious offense that can deeply impact your life. A successful defense often hinges on challenging the prosecution’s claims regarding possession, intent to defraud, and knowledge of forgery.
We offer free consultations to discuss your case in detail and provide clear guidance on your next steps. Don’t delay—reach out to us today to ensure you have a strong advocate in your corner.
Frequently Asked Questions
What is the legal definition of possessing a forged instrument?
Possessing a forged instrument involves having an item that has been altered or fabricated with the intent of being deceitful or passing it as genuine. It is considered a criminal offense when the person holding the forged item is aware of its fraudulent nature and intends to use it to defraud someone. The law requires proof of possession, intent to defraud, and knowledge of forgery for a conviction.
Can I be charged if I unknowingly possess a forged document?
Typically, you cannot be charged with possessing a forged document if you did not know it was counterfeit. A key element of the charge involves proving that the person had knowledge that the document was forged at the time of possession. Without this knowledge, the legal grounds for a conviction usually do not exist.
What are the potential defenses against possession of forged instruments?
Defending against possession of forged instruments typically involves questioning the elements of the charge, such as lack of intent to defraud or innocence regarding the knowledge of the document’s forged nature. A defense attorney might also argue that the accused never actually possessed the forged document. Each defense is tailored to the specific circumstances of the case.
How severe are the penalties for possession of forged instruments in Nevada?
In Nevada, possession of forged instruments is classified as a category C felony, which carries serious penalties including imprisonment from 1 to 5 years, fines up to $10,000, and potentially restitution to victims. The exact sentence depends on various factors such as prior criminal history and the specifics of the offense.
Is it possible to clear a forgery conviction from my record in Nevada?
Yes, Nevada law allows for the sealing of records related to forgery convictions under certain conditions. To be eligible, you must wait at least 5 years after completing your sentence and remain free of any new convictions. An experienced attorney can assist in preparing and submitting the necessary paperwork to petition the court for record sealing.
