New Mexico Affidavit of Forgery

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State:
Multi-State
Control #:
US-00419BG
Format:
Word; 
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Description

"Forgery" may be defined as the false making or material alteration of a writing with intent to defraud. An essential element of the crime of forgery is making the false writing. An "Affidavit of Forgery" is a notarized sworn statement attesting that the signature which appears on the questioned document is indeed a forgery, and not authorized by the account holder. This type of affidavit may be made for the purpose of having a Bank reimburse its customer for honoring a forged check, or for the purpose of assisting law enforcement in the investigation and prosecution of the forger.
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FAQ

New Mexico has three main criminal offense classifications, in order of seriousness: felonies, misdemeanors and petty misdemeanors. Each major crime classification is defined by the extent of their imprisonment sentences. Crimes sentenced with: More than a year of imprisonment are felonies.

Perjury is rarely charged, and it is difficult for prosecutors to prove. The threat of perjury charges is often a tool lawyers use to ensure that witnesses provide candid testimony to the court. A conviction can cost someone their livelihood.

A conviction for Forgery is punished by default as a Class A misdemeanor, with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

§ 1623?or, the ?false declarations? law?rather than 18 U.S.C. § 1621, aka the perjury law. The two are very similar, but false declarations tend to be easier to prove. For one thing, perjury convictions must be based on evidence from at least two witnesses; false declarations can be proved without any witnesses.

Perjury and making false statements are felonies at both the federal and the state levels. A person convicted of perjury under federal law may face up to five years in prison. Perjury also carries fines and probation, depending on the context and the severity of the crime.

In contract law, the Statute of Frauds is a requirement that certain types of contracts be put into writing in order to be legally valid and enforceable. The statute has been around for many years, and first came about in old English law.

Regardless of value, whoever commits forgery of a will, codicil, trust instrument, deed, mortgage, lien or any other instrument affecting title to real property is guilty of a third degree felony. E. Whoever commits forgery when the damage is over twenty thousand dollars ($20,000) is guilty of a second degree felony.

Section 30-25-1 - Perjury. A. Perjury consists of making a false statement under oath, affirmation or penalty of perjury, material to the issue or matter involved in the course of any judicial, administrative, legislative or other official proceeding or matter, knowing such statement to be untrue.

Whoever commits perjury is guilty of a fourth degree felony."

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New Mexico Affidavit of Forgery