Criminal Possession of a Forged Instrument in the Third Degree is a Class A misdemeanor. The law of Forgery in New York does not place any more emphasis on falsely making, altering or completing a written instrument.Criminal possession of a forged instrument is a legal charge that falls under the broader category of forgery and fraud offenses. Forgery is a white collar criminal offense that involves creating a false written document with the intent to defraud. Forgery in the Third Degree, New York Penal Law 170.05, is a misdemeanor crime that carries a sentence of up to one year in jail. "written instrument," "falsely made," "falsely completed," and. Criminal possession of forgery devices – if you make, own or possess any device intended to be used or designed for use in forgery, you could face this charge.