Possession of a Forged Instrument in Colorado

Possession of a forged instrument in Colorado is a serious fraud-related criminal offense that can arise when prosecutors allege that a person knowingly possessed a forged document, check, financial instrument, public record, identification-related document, government-issued document, legal document, commercial instrument, or other written instrument with the intent to use it to defraud someone. These cases often involve checks, money orders, contracts, titles, deeds, wills, prescriptions, IDs, credit documents, employment records, financial documents, government paperwork, or other writings that law enforcement believes were false, altered, completed without authority, or created to mislead another person.

Colorado’s main criminal possession of a forged instrument statute is C.R.S. § 18-5-105. Under that statute, a person commits criminal possession of a forged instrument when, with knowledge that the instrument is forged and with intent to use it to defraud, the person possesses a forged instrument of the kind described in Colorado’s forgery statute, C.R.S. § 18-5-102. This means the prosecution must prove more than possession of a suspicious document. The state must prove knowledge that the instrument was forged and intent to use it to defraud.

Possession of a forged instrument is usually charged as a class 6 felony when it involves instruments covered by C.R.S. § 18-5-102. Colorado also has a separate offense called criminal possession of a second degree forged instrument under C.R.S. § 18-5-107, which applies to forged instruments covered by C.R.S. § 18-5-104 and is classified as a petty offense. The difference between these statutes matters because the type of instrument involved can dramatically affect the level of the charge, the possible sentence, and the long-term consequences of a conviction.

Colorado Possession of a Forged Instrument Defense Attorney

Possession of a forged instrument allegations often depend on assumptions about what a person knew and what they intended to do. A person may possess a check, title, contract, identification document, form, or other writing without knowing it is false or altered. Someone may receive a document from another person, deposit a check they believed was legitimate, hold paperwork for a friend or employer, use a document without understanding its legal significance, or be accused based on a document found in a shared vehicle, home, phone, wallet, backpack, or business file.

At the Law Office of Matthew A. Martin, P.C., we understand that forged-instrument cases require careful attention to the document itself, the surrounding transaction, the accused person’s knowledge, the alleged intent to defraud, and how police obtained the evidence. Matthew Martin carefully examines the instrument, bank records, communications, surveillance footage, search issues, witness statements, account history, handwriting or digital evidence, and whether the prosecution can prove every element beyond a reasonable doubt. We fight to ensure our clients are not convicted based on suspicion, misunderstanding, or another person’s fraudulent conduct.

If you or someone you love has been charged with possession of a forged instrument in Colorado, call (303) 725-0017 to schedule your free consultation today.

Overview of Possession of a Forged Instrument in Colorado

Back to top

Definition of Possession of a Forged Instrument Under Colorado Law

Criminal possession of a forged instrument is governed by C.R.S. § 18-5-105. Under this statute, a person commits a class 6 felony when, with knowledge that an instrument is forged and with intent to use it to defraud, the person possesses a forged instrument of a kind described in C.R.S. § 18-5-102.

The phrase “forged instrument” is tied to Colorado’s forgery laws. C.R.S. § 18-5-102 covers certain written instruments that are or purport to be valuable instruments issued by a government or government agency, stock or bond instruments, deeds, wills, contracts, assignments, commercial instruments, promissory notes, public records, documents legally filed or fileable with a public office, government-issued documents, transportation tokens or certificates, lottery tickets or shares, or certain document-making implements used in the production of false identification documents.

This definition is important because the prosecution must prove that the document or item involved fits the statute. A document may look suspicious, incomplete, inaccurate, or unusual without necessarily qualifying as a forged instrument under the charged statute. The defense must examine the exact document, the statutory category alleged, and whether the prosecution has charged the correct offense.

Back to top

Common Situations Leading to Forged Instrument Charges

Forged Check Allegations — Many possession of a forged instrument cases involve checks. A person may be accused of possessing, depositing, cashing, or attempting to cash a forged check. These cases often involve bank surveillance video, teller statements, account records, endorsement signatures, mobile deposit history, text messages, and questions about whether the accused knew the check was forged.

Altered Document Cases — Some cases involve documents that were allegedly changed after being created. Prosecutors may allege that a date, amount, signature, name, address, title, ownership record, account number, or other material term was altered. The defense may examine who made the alteration, whether the accused knew about it, and whether the change was actually fraudulent.

Possession of Forged Identification or Government Documents — Forged-instrument allegations may involve government-issued documents, identification documents, records filed with public offices, or documents purporting to be official. Depending on the facts, related charges may include forgery, criminal impersonation, identity theft, false reporting, or possession of document-making implements.

Vehicle Title or Ownership Documents — These cases may arise from allegations involving forged vehicle titles, bills of sale, lien releases, registration paperwork, emissions documents, insurance documents, or ownership-transfer records. The defense may focus on whether the accused knew the paperwork was forged and whether they intended to use it to defraud another person, buyer, agency, or business.

Real Estate, Deeds, and Property Records — Forged deeds, releases, contracts, assignments, powers of attorney, and property-related documents can lead to serious felony allegations. These cases often involve notaries, title companies, family disputes, business conflicts, estate issues, and questions about authorization.

Employment, School, or Licensing Records — Some cases involve documents allegedly used to obtain employment, admission, licensing, financial aid, benefits, or credentials. Depending on the document, prosecutors may consider forged instrument charges, second degree forgery, use of forged academic records, criminal impersonation, or related fraud offenses.

Shared Vehicle, Home, or Backpack Cases — Police may find a suspicious document in a vehicle, home, bag, wallet, or common area and attribute it to one person. The defense may challenge possession, knowledge, ownership, access, and whether the accused person actually controlled or intended to use the document.

Fraud Investigations Involving Multiple People — Possession of forged instrument charges are often filed in cases involving multiple people. One person may have created the document, another may have handed it to the accused, and another may have attempted to use it. The prosecution may try to connect everyone to the same scheme, while the defense may focus on separating the accused person from another person’s fraud.

Back to top

Examples of Forged Instruments in Colorado Cases

The specific instrument matters because Colorado law distinguishes between different types of forgery-related offenses. Instruments that may be involved in felony possession of a forged instrument cases include checks, money orders, cashier’s checks, government-issued financial instruments, securities, stock certificates, bonds, deeds, wills, codicils, contracts, assignments, commercial instruments, promissory notes, public records, government-issued documents, official forms, lottery tickets, transportation certificates, or certain identification-document production implements.

Other cases may involve lower-level forged instruments covered by second degree forgery, such as certain written instruments not included in the felony forgery statute. Possession of a second degree forged instrument is handled separately under C.R.S. § 18-5-107 and is classified as a petty offense.

The defense should not assume that every false document qualifies for the felony statute. The exact nature of the document can determine whether the case is a class 6 felony, a petty offense, or potentially a different fraud-related charge.

Back to top

Knowledge and Intent to Defraud

Knowledge and intent are often the most important issues in a possession of a forged instrument case. Under C.R.S. § 18-5-105, the prosecution must prove that the accused knew the instrument was forged and intended to use it to defraud. Possession alone is not enough.

A person may possess a forged document without knowing it is forged. Someone may receive a bad check from an employer, customer, friend, buyer, online marketplace contact, or romantic partner. A person may be asked to deposit a check, hold a document, deliver paperwork, or complete a transaction without knowing the document is false. The fact that a document later turns out to be forged does not automatically prove the accused knew it at the time.

The prosecution must also prove intent to use the instrument to defraud. Intent to defraud generally involves an intent to deceive another person, business, agency, bank, or entity in order to gain something of value or cause some legal or financial effect. If the accused did not intend to use the document, did not understand its purpose, or possessed it for an innocent reason, the prosecution may have difficulty proving this element.

Back to top

Possession of First Degree vs. Second Degree Forged Instruments

Colorado law separates possession of forged instruments into different levels depending on the type of instrument involved. C.R.S. § 18-5-105 applies to forged instruments of a kind described in C.R.S. § 18-5-102, Colorado’s main felony forgery statute. This offense is a class 6 felony.

C.R.S. § 18-5-107 applies to criminal possession of a second degree forged instrument. This offense involves possession of a forged instrument of a kind covered by C.R.S. § 18-5-104, with knowledge that it is forged and with intent to defraud. For offenses committed on or after March 1, 2022, criminal possession of a second degree forged instrument is a petty offense.

This distinction can be critical. A felony conviction can carry prison exposure, mandatory parole, firearm consequences, professional licensing consequences, and long-term barriers to employment and housing. A petty offense is much lower-level, although it can still create a criminal record and collateral consequences. A defense attorney must determine whether the prosecution has properly classified the instrument and whether the facts actually support the felony charge.

Back to top

Penalties for Possession of a Forged Instrument in Colorado

The penalties for possession of a forged instrument depend on whether the case is charged under C.R.S. § 18-5-105 as felony criminal possession of a forged instrument or under C.R.S. § 18-5-107 as criminal possession of a second degree forged instrument.

Criminal Possession of a Forged Instrument — C.R.S. § 18-5-105 is a class 6 felony. A class 6 felony in Colorado generally carries 1 year to 18 months in prison, a fine of $1,000 to $100,000, and 1 year of mandatory parole. Depending on the facts and the defendant’s criminal history, probation may be possible in some cases. However, a felony conviction can still carry severe long-term consequences even if the person avoids prison.

Criminal Possession of a Second Degree Forged Instrument — C.R.S. § 18-5-107 is a petty offense. For offenses committed on or after March 1, 2022, petty offenses in Colorado generally carry up to 10 days in jail, a fine of up to $300, or both, unless a specific statute provides a different penalty. Although this is far less serious than a felony, a conviction can still affect employment, background checks, immigration status, and future criminal cases.

Related Charges Can Increase the Exposure — Possession of a forged instrument is often charged alongside forgery, criminal impersonation, identity theft, theft, computer crime, bank fraud-related allegations, criminal possession of financial devices, possession of forgery devices, conspiracy, attempt, or organized fraud allegations. If multiple counts are filed, the total sentencing exposure may be far greater than the possession count standing alone.

Restitution — If a bank, business, individual, government agency, employer, or other alleged victim suffered a financial loss, the court may order restitution. Restitution can include the amount paid out on a forged check, losses from a fraudulent transaction, investigation-related costs, or other losses directly tied to the offense. Restitution can be a major issue even when the criminal sentence itself does not include prison.

Back to top

Collateral Consequences of a Forged Instrument Conviction

A conviction for possession of a forged instrument can create consequences far beyond the sentence imposed by the court. Because the offense involves dishonesty, fraud, or deception, it may be viewed harshly by employers, landlords, schools, licensing boards, banks, financial institutions, and immigration authorities.

A felony conviction can affect firearm rights, professional licensing, housing, employment, security clearances, government benefits, immigration status, and future sentencing. It may also create major problems for people who work in finance, banking, accounting, real estate, insurance, healthcare, education, government, retail management, or any job involving money, records, confidential information, or public trust.

For noncitizens, fraud-related convictions can create serious immigration consequences. The risk depends on the exact conviction, loss amount, sentence, factual basis, and immigration status. Anyone with immigration concerns should have the case reviewed carefully before entering any plea.

Back to top

Related Forgery, Fraud, and Identity Theft Charges

Possession of a forged instrument is often only one part of a larger fraud-related case. Prosecutors may file additional charges depending on the facts.

Forgery — Forgery under C.R.S. § 18-5-102 generally involves falsely making, completing, altering, or uttering certain written instruments with intent to defraud. “Uttering” can include using, offering, or presenting a forged document as genuine.

Second Degree Forgery — Second degree forgery under C.R.S. § 18-5-104 involves certain forged written instruments not covered by the main felony forgery statute. This may apply to lower-level documents depending on the facts.

Criminal Possession of Forgery Devices — C.R.S. § 18-5-109 may apply when prosecutors allege that a person possessed devices, equipment, plates, dies, or other articles used or intended for use in producing forged instruments or counterfeit marks.

Identity Theft — Identity theft may be charged if prosecutors believe the forged instrument involved another person’s identifying information, financial information, signature, account, or identity.

Theft — If a forged instrument was allegedly used to obtain money, property, services, or anything of value, theft charges may also be filed.

Criminal Impersonation — Criminal impersonation may be charged if prosecutors allege that the accused assumed a false identity or legal status to gain a benefit or injure another person.

Because related charges can carry different elements and penalties, the defense must evaluate the entire charging package and not assume that all counts rise or fall together.

Back to top

Defenses to Possession of a Forged Instrument Charges

The Instrument Was Not Forged — The prosecution must prove that the instrument was actually forged. If the document was genuine, authorized, validly completed, or not materially altered, the charge may fail.

No Knowledge That the Instrument Was Forged — Knowledge is a required element. If the accused did not know the document was forged, the state may not be able to prove the charge. This defense is especially important in cases involving checks, business documents, vehicle titles, employment records, or documents received from another person.

No Intent to Use the Instrument to Defraud — Possessing a suspicious document is not enough. The prosecution must prove intent to use it to defraud. If the accused never intended to use the document, did not understand its purpose, or possessed it for an innocent reason, the defense may challenge this element.

No Possession — The prosecution must prove actual or constructive possession. If the instrument was found in a shared vehicle, residence, office, backpack, phone, or common area, the defense may challenge whether the accused knew about it or exercised control over it.

Misclassification of the Instrument — The prosecution may charge felony possession under C.R.S. § 18-5-105 when the document is actually covered, if at all, by a lower-level statute. The defense may challenge whether the alleged instrument fits the felony statute.

Authorization or Consent — In some cases, the accused may have had permission to sign, complete, possess, or use the document. Business practices, powers of attorney, agency relationships, family arrangements, employment duties, or prior authorization may be relevant.

Mistake or Misunderstanding — A person may misunderstand a transaction, believe a document is valid, rely on another person’s explanation, or make an innocent mistake. Fraud requires more than confusion or poor judgment.

Lack of Evidence Connecting the Defendant to the Fraud — The prosecution may have evidence that a document was forged but weak evidence that the accused knew about the forgery or intended to use it. The defense may focus on the gap between the fraudulent document and the accused person’s actual state of mind.

Illegal Search or Seizure — Forged-instrument cases often involve vehicle searches, phone searches, backpack searches, home searches, bank-record subpoenas, or searches following an arrest. If law enforcement violated constitutional protections, the defense may seek suppression of the evidence.

Co-Defendant or Third-Party Responsibility — Another person may have created the forged document, placed it in the accused person’s possession, directed the transaction, or misled the accused. The defense may work to show that the accused was used, deceived, or wrongly blamed.

Back to top

Role of a Colorado Criminal Defense Attorney

Reviewing the Instrument Itself — A defense attorney examines the document or item at the center of the case. The question is not simply whether police call it forged, but whether it legally qualifies as a forged instrument under the charged statute.

Challenging Knowledge and Intent — Possession of a forged instrument cases often turn on what the accused knew and intended. Matthew Martin reviews communications, transaction history, witness statements, bank records, surveillance, and surrounding circumstances to challenge the prosecution’s assumptions.

Investigating How the Document Was Obtained — The defense may examine who created the document, who gave it to the accused, how long the accused had it, whether the accused relied on someone else, and whether the accused had any reason to suspect it was forged.

Reviewing Search and Seizure Issues — If the instrument was found during a traffic stop, search, phone extraction, home search, or arrest, a defense attorney evaluates whether law enforcement acted lawfully. Suppression may be possible if the search violated constitutional rights.

Separating the Client From a Larger Fraud Scheme — Prosecutors may try to tie multiple people together in fraud cases. A defense attorney works to separate the client’s conduct from the conduct of others and prevent guilt by association.

Challenging Felony Classification — If the document does not fit the felony forgery statute, the defense may challenge whether the case has been overcharged. The difference between felony possession and a lower-level offense can be extremely important.

Negotiating Reduced Charges or Dismissal — In some cases, the evidence may be weak enough to seek dismissal. In others, defense counsel may pursue a reduction, deferred judgment, restitution-based resolution, or outcome that avoids a felony conviction.

Trial Representation — If the case proceeds to trial, the defense attorney challenges the prosecution’s evidence, cross-examines witnesses, contests knowledge and intent, explains innocent possession, and emphasizes the state’s burden to prove every element beyond a reasonable doubt.

Back to top

Key Elements the Prosecution Must Prove

To convict a person of criminal possession of a forged instrument under C.R.S. § 18-5-105, the prosecution must generally prove beyond a reasonable doubt that:

  • the defendant possessed a forged instrument;
  • the forged instrument was of a kind described in C.R.S. § 18-5-102;
  • the defendant knew the instrument was forged;
  • the defendant intended to use the instrument to defraud; and
  • the conduct occurred in Colorado at or about the date and place charged.

To convict a person of criminal possession of a second degree forged instrument under C.R.S. § 18-5-107, the prosecution must generally prove beyond a reasonable doubt that:

  • the defendant possessed a forged instrument;
  • the instrument was of a kind covered by C.R.S. § 18-5-104;
  • the defendant knew the instrument was forged;
  • the defendant acted with intent to defraud; and
  • the conduct occurred in Colorado at or about the date and place charged.

If the prosecution cannot prove possession, forgery, knowledge, intent to defraud, or the correct statutory classification of the instrument, the defendant cannot be convicted of the charged offense.

Back to top

Frequently Asked Questions

Is possession of a forged instrument a felony in Colorado?
Yes, criminal possession of a forged instrument under C.R.S. § 18-5-105 is a class 6 felony. However, possession of a second degree forged instrument under C.R.S. § 18-5-107 is a petty offense. The difference depends on the type of instrument involved.

What is a forged instrument?
A forged instrument is generally a written instrument that has been falsely made, completed, altered, or presented as genuine with fraudulent purpose. The exact definition depends on the statute and the type of document involved.

Can I be charged if I did not create the forged document?
Yes. C.R.S. § 18-5-105 focuses on possession with knowledge that the instrument is forged and intent to use it to defraud. The prosecution does not necessarily have to prove that you personally created the forged document.

What if someone gave me a forged check and I did not know it was fake?
Lack of knowledge can be a strong defense. The prosecution must prove that you knew the instrument was forged and intended to use it to defraud.

What if the document was in a shared car or house?
The prosecution must prove possession. If the document was found in a shared space, the defense may challenge whether you knew about it or controlled it.

Can this charge come from trying to cash a check?
Yes. Forged check cases are common. Prosecutors may rely on bank video, teller statements, account records, endorsements, and communications to argue knowledge and intent. The defense may challenge whether you knew the check was forged.

What is the penalty for criminal possession of a forged instrument?
As a class 6 felony, criminal possession of a forged instrument generally carries 1 year to 18 months in prison, a fine of $1,000 to $100,000, and 1 year of mandatory parole. Probation may be possible depending on the case.

Does a forged instrument conviction affect employment?
Yes. Because the offense involves fraud or dishonesty, it can be especially damaging in background checks and can affect jobs involving money, records, customers, public trust, licensing, or financial responsibility.

Can possession of a forged instrument be charged with identity theft?
Yes. If the forged instrument involved another person’s identity, signature, account, or identifying information, prosecutors may also consider identity theft or related charges.

Can the charge be reduced?
In some cases, yes. Depending on the evidence, the type of instrument, the amount of loss, criminal history, restitution, and weaknesses in the prosecution’s proof, a defense attorney may pursue dismissal, reduction, deferred judgment, or another favorable resolution.

Back to top

Additional Resources

Colorado Revised Statutes § 18-5-105 – Criminal Possession of a Forged Instrument — This is the primary Colorado statute for felony possession of a forged instrument. It requires proof that the defendant knew the instrument was forged and intended to use it to defraud.

Colorado Revised Statutes § 18-5-102 – Forgery — This statute identifies the types of written instruments covered by Colorado’s main felony forgery law and is used to determine whether an instrument falls within C.R.S. § 18-5-105.

Colorado Revised Statutes § 18-5-107 – Criminal Possession of Second Degree Forged Instrument — This statute applies to possession of certain lower-level forged instruments covered by second degree forgery and is classified as a petty offense.

Back to top

Finding a Colorado Possession of a Forged Instrument Defense Attorney

Possession of a forged instrument charges in Colorado can be based on disputed assumptions about knowledge, intent, possession, and the meaning of a document. A person may be accused because they held a document, deposited a check, relied on someone else, drove a vehicle containing paperwork, or became involved in a transaction they did not fully understand. But Colorado law requires proof that the accused knew the instrument was forged and intended to use it to defraud.

At the Law Office of Matthew A. Martin, P.C., we defend clients facing forged instrument, forgery, fraud, identity theft, theft, and related charges throughout Colorado. We investigate the document, challenge weak evidence, examine search issues, separate our clients from other people’s fraud, and fight to protect our clients’ records, freedom, and future.

If you are facing possession of a forged instrument charges in Colorado, call (303) 725-0017 today to schedule your free consultation.

Avvo Rating
National Association of Criminal Defense Lawyers
Colorado Criminal Defense Bar
National College for DUI Defense
Better Business Bureau