What Is the Difference Between Forgery and Counterfeit? Both forgery and counterfeiting are crimes involving fraud.Forgery and Fraud Crimes. Third Degree Forgery: NY Penal Law 170.05. The forgery provisions of the Penal Law are found in Article 170. There are three degrees each of forgery and criminal possession of a forged instrument. Identifying the document signer is crucial to ensure the integrity of the notarial act, avoiding potential fraud or misconduct. FORGERY AND RELATED OFFENSES ; 170.15, Forgery in the first degree. C FELONY ; 170.20, Criminal possession of a forged instrument in the third degree.