Connecticut General Statutes § 53a-140 – Forgery in the 2nd Degree

Overview

Forgery in the 2nd degree is a felony offense in Connecticut. Under this statute, a person is guilty of forgery in the 2nd degree when, with the intent to defraud, deceive, or injure another, they falsely make, complete, or alter a written instrument, or possess such an instrument knowing it to be forged. This includes a wide range of documents such as deeds, wills, contracts, public records, and written instruments that affect legal rights or obligations.

While forgery in the 3rd degree covers more minor written instruments, 2nd degree forgery is charged when the forged document carries significant legal weight or public importance.

Elements of the Crime the State Must Prove

To convict someone of forgery in the 2nd degree under § 53a-140, the State must prove beyond a reasonable doubt that the defendant:

• Acted with intent to defraud, deceive, or injure another person, and
• Falsely made, completed, altered, issued, or possessed a written instrument that is:
  • A public record or an instrument filed with a public office, or
  • A written instrument officially issued by a public office, or
  • A commercial instrument or credit/debit card, or
  • A deed, will, contract, assignment, check, or other instrument affecting a legal right, obligation, or property interest.

Practical Application / Rights

Forgery in the 2nd degree often arises in cases involving:

• Fake IDs, driver’s licenses, or passports
• Counterfeit checks or altered contracts
• Fraudulent signatures on deeds or wills
• False medical records, prescriptions, or academic records

Defendants should remember that intent is a key element — the State must prove you acted with intent to deceive or defraud. Even if a document is false, the charge fails without proof of intent.

Related Offenses

• Connecticut General Statutes § 53a-138 – Forgery in the 1st Degree
• Connecticut General Statutes § 53a-141 – Forgery in the 3rd Degree
• Connecticut General Statutes § 53a-142 – Criminal Possession of a Forged Instrument

Defenses

Common defenses to forgery in the 2nd degree include:

• Lack of intent – showing that the alleged conduct was not done with intent to defraud or injure.
• No false making/alteration – proving the document was genuine or not materially altered.
• Mistake or misunderstanding – honest errors in signing, filling out, or handling documents without fraudulent intent.
• Suppression of evidence – if the forged document was obtained through unlawful search or seizure.

Example: If someone signed another person’s name on a document believing they had permission, the required fraudulent intent may be missing.

Clarification About Arrests

Even if you are issued a summons to appear in court rather than physically booked, it still counts as an arrest. Forgery in the 2nd degree is a felony charge that will appear on your criminal record and must be taken seriously.

Penalties

Forgery in the 2nd degree is classified as a Class D felony in Connecticut. A conviction may result in:

• Up to 5 years in prison
• A fine of up to $5,000
• A period of probation
• Collateral consequences such as loss of professional licenses, immigration problems, and long-term damage to employment opportunities

The Accelerated Rehabilitation Program (AR)

The Accelerated Rehabilitation (AR) Program is a valuable option for first-time offenders facing forgery in the 2nd degree charges. It is a pre-trial diversionary program authorized by Connecticut law that allows eligible defendants to avoid a permanent criminal record.

Here’s how it works:

• Your attorney files a motion asking the judge to place you into the AR program.
• If granted, the case is suspended and you are placed under court supervision for a period of time (usually up to 2 years).
• During this time, you must remain arrest-free and comply with any conditions set by the court (such as community service, counseling, or restitution).
• Once you successfully complete the program, the charge is dismissed and your record is wiped clean of the arrest.

Not everyone is eligible — serious prior criminal history or certain disqualifying offenses can bar entry. But for many people charged with forgery for the first time, the AR program offers a second chance without the lifelong burden of a felony conviction.

Frequently Asked Questions About Forgery in the 2nd Degree What Makes Forgery in the 2nd Degree More Serious Than 3rd Degree Forgery?

The difference lies in the type of document involved. Second degree covers documents with legal, financial, or public significance.

Can a Fake Prescription Be Charged as Forgery in the 2nd Degree?

Yes. False or altered medical prescriptions often lead to forgery charges.

Do I Have to Use the Forged Document to Be Charged?

No. Simply possessing a forged document with intent to use it can result in an arrest.

What if Someone Else Created the Forgery but I Had It in My Possession?

Possession of a forged instrument, knowing it is forged, is enough to be charged.

Can Signing a Parent’s Name on a School Form Lead to Forgery Charges?

In theory, yes — though prosecutors may use discretion, especially if no fraudulent gain was intended.

Is Intent Always Required for a Conviction?

Yes. The prosecution must prove you acted with intent to defraud, deceive, or injure.

Can a Forgery Conviction Be Expunged in Connecticut?

Yes, through the pardon process, but only after a waiting period following the conviction.

Will This Affect My Professional License?

Yes. Forgery is a crime of dishonesty and can have severe consequences for lawyers, doctors, nurses, and other licensed professionals.

Is Forgery in the 2nd Degree a Federal Offense Too?

It depends. If the forged instrument involves federal documents (like a U.S. passport), federal charges may apply in addition to state charges.

Do I Need a Lawyer if This Is My First Forgery Charge?

Absolutely. Even first-time offenders face felony exposure, and an experienced lawyer can often negotiate alternatives to a conviction.

How We Can Help You Move Forward

Forgery charges can feel overwhelming because they involve accusations of dishonesty that can damage your future. Having a knowledgeable defense attorney on your side can make all the difference. Attorney Allan F. Friedman has decades of experience handling fraud and forgery cases in Connecticut courts.

We fight to protect your record, challenge the evidence, and pursue outcomes that minimize or eliminate long-term consequences. If you’ve been arrested under Connecticut General Statutes § 53a-140, don’t wait. Call (203) 357-5555 now for a free consultation, or contact us online for a prompt response. We are available 24/7 to help you take control of your case.

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