Forgery is making, using, altering, or possessing a simulated document with the intent to commit fraud. Forgery can exist the creation of a faux document, or changing an authentic one. Forgery is a criminal offense that is classified as a felony in all l states and past the federal authorities.

In that location are several elements to the crime of forgery, and all must be proven before someone tin be found guilty:

  • A person must make, alter, use, or possess a simulated document. Forgery tin be creating a faux document from scratch, or altering an otherwise genuine document in a material mode. The amending is textile if it affects a legal correct.
    • For example, a document like a will may be otherwise valid co-ordinate to state law, simply if someone other than the testator signs it, the will is a forgery. A forged signature misrepresents the identity of the person whose will it is, and that has significant legal consequences.
  • The writing must have legal significance. Not just whatsoever false writing will exist considered criminal forgery. Common examples of documents with legal significance include contracts, passports, drivers licenses, deeds, receipts, checks, wills, certifications, professional licenses, prescriptions, historical papers, and art.
    • Legally significant means that the document affects legal rights or obligations. Signing someone else'due south name on a friendly letter would non exist forgery because it is probably non legally significant.
    • On the other hand, signing someone else's name on a letter of recommendation for a task may be forgery because it might affect employment and that is legally significant.
  • The writing must be fake. The writing must have been created or changed in a way that makes it appear that the document represents something that it is not. The cardinal significant of the document must have inverse because of the forgery.
  • Intent to defraud. The person committing the forgery must accept done so with the specific intent to defraud or trick another person or entity.

What Documents are Commonly Forged?

Documents of legal significance that are unremarkably forged include:

  • Identification documents similar drivers licenses or passports
  • Checks
  • Wills
  • Drug prescriptions
  • Deeds
  • Stock certificates
  • Contracts
  • Patents
  • Military machine documents
  • Historical documents
  • Works of art and certificates of authentication

What are the Penalties for Forgery?

Forgery laws can differ from state to state. In all states forgery tin can be considered a felony. Possible punishments include prison time, fines, probation, and restitution, where the defendant compensates the victim for money or property that was lost because of the forgery.

Some states punish forgery crimes based on the type of forgery that was committed. New York classifies forgery in "degrees" based on the type of certificate that was forged.

  • Kickoff Caste Forgery: currency (also known equally counterfeiting), stamps, securities, stocks, or bonds. Outset degree forgery is a felony and could be punishable by anywhere from 1-2 years to xv years in prison.
  • Second Degree Forgery: deeds, wills, contracts, regime issued documents, public records, tokens or certificates used in place of money for goods or services (like subway tokens), or medical prescriptions. 2nd caste forgery is as well a felony. The penalization might be anywhere from 2-7 years in prison.
  • Third Degree Forgery: any other types of documents. Third caste forgery is a misdemeanor. The punishment is a maximum of one yr in prison or 3 years probation. The defendant may also take to pay a fine of up to $1,000 or twice what they gained from the offense.

Are There Whatever Defenses to Forgery?

Some potential defenses to forgery include:

  • Lack of Intent: The defendant in a forgery case must take intended to defraud, deceive, or fob the victim with the forged document. Intent is a key element to proving forgery, so without it the defendant cannot be plant guilty.
  • Lack of Chapters or Knowledge: The defendant must have known that the document was forged to be guilty of forgery. Knowledge is key to proving the defendant had the required intent. If they did not know, or did not have the mental capacity to know, they have a defence.
  • Coercion: If the defendant was forced to commit the forgery because they or someone they loved was threatened, they have a defence.
  • Consent: a defendant has the defense of consent if they forged the certificate with the consent or cooperation of the alleged victim.

Almost defenses to forgery address the required chemical element of the intent to defraud or deceive. Proving that the defendant did non have specific intent is a complete defense because it ways the defendant did not have the required mental state to commit the crime.

Do I Need an Attorney If I Am Facing Charges for Forgery?

Forgery cases can exist complicated and the potential penalties for being establish guilty are serious. If you take been charged with forgery you should consult with a criminal defense lawyer. An experienced attorney can review the facts of your instance, help you sympathise the police force, and counsel you on your possible defenses. They can likewise represent you in court.