Forgery is a white collar crime that is generally defined as the creation, alteration, forging, or imitation of any document with the intent to defraud another person. Making a signature without authorization, or causing another person to fraudulently sign a document, are also covered under forgery laws. For example, forging an individual’s signature on a blank check is considered a form of forgery.
The term white-collar crime is a legal term that is used to refer to nonviolent theft crimes that are committed by an individual for financial gain. White-collar crimes are most often motivated by a criminal intent to gain money, gain property, or obtain services in an illegal fashion.
It is important to note that the exact forgery laws vary from state to state. However, in general, an act of forgery requires the criminal intent to defraud or deceive. It is important to note that forgery is punishable as a felony in all fifty states.
Although the exact legal elements of forgery will differ by state, generally the following elements of the crime must be proven by the prosecution beyond a reasonable doubt in order for a person accused of forgery to be convicted:
- Creation or Alteration of a Document: As mentioned above forgery occurs when a person makes, alters, imitates, or possesses a false document.
- Legal Significance: The forged document must have legal significance which affect legal rights or obligations;
- False Writing: The writing in the document must be false, which changes the fundamental meaning of the document as a result of the forgery; and
- Intent to Defraud: The person committing forgery must do so with the specific criminal intent to defraud or trick another person or entity.
As of recently, forging documents has also become a wide-spread way for an individual to carry out identity theft. Forgery may also involve the creation of fraudulent or fake documents, or photocopying an individual’s signature and then placing it on another document without their consent or knowledge. Forgery of wills, contracts, public records, and commercial instruments may also be addressed by individual state criminal laws
In a forgery lawsuit, the final product that was used to perpetuate the crime is typically referred to as the forged document. Because of the consequences that forged documents can have on individuals, businesses, and even political entities it is often punished harshly.
What Are Some Examples of Forgery?
As mentioned above, most states will have a list of documents that the state considers to be of legal significance. Although the exact list of documents with legal significance will differ by state, in general legally significant documents that are often forged include, but are not limited to:
- Identification documents like driver’s licenses or passports;
- Checks;
- Wills;
- Forged drug prescription;
- Deeds;
- Stock certificates;
- Contracts;
- Stamps;
- Patents and trademarks;
- Credit cards;
- Military documents;
- Professional documents;
- Historical documents; and/or
- Works of art and certificates of authentication.
What Are the Penalties for Forgery Crimes?
It is important to note that the exact punishments for forgery will vary based upon state laws, as well as whether or not the forgery was committed on a federal level. As noted above, forgery is considered a felony crime in all fifty states.
Federal penalties for felonies such as forgery may include jail or prison time, considerable criminal fines, probation, and occasionally criminal restitution, such as compensating the victim for their money or goods stolen as a direct result of the forgery. State laws also provide a wide variety of punishments for forgery. As such, judges are able to determine the most appropriate punishments for each specific forgery crime.
Depending on the nature of the forged document or item, the crime of forgery may be classified generally into one of three degrees:
- First Degree Forgery: Forgery in the first degree involves the actual presentation or use of a forged document with the intent to defraud.
- For example, first degree forgery in New York occurs when the forged instrument is securities, stocks, bonds, or currency (i.e. counterfeiting)
- Generally the value of goods received as a result of forgery for forgery in the first degree is a large amount, such as $300,000 or more in Texas;
- Second Degree Forgery: Forgery in the second degree involves deeds, government issued documents, public records, and medical prescriptions.
- Second degree forgery generally involves creating or possessing a forged document before the defendant is able to present it to a victim
- Generally the value of goods received as a result of forgery for forgery in the second degree is also a large amount, such as between $150,000 to $300,000 in Texas; or
- Third Degree Forgery: Many states consider third degree forgery to be a misdemeanor, as opposed to a felony, such as with the first two degrees.
- Third degree forgery generally involves any other types of documents not listed above, and may also include the possession of the forged writing.
- Generally the value of goods received as a result of forgery for forgery in the third degree is also a lesser amount then second degree forgery, such as amounts less than $150,000.
There are some states that classify certain types of forgery as misdemeanors, which are punished more leniently than felony offenses. The majority of misdemeanor offenses carry a maximum incarceration period of one year, small criminal fines, or a combination of both.
It is important to note that state laws can provide a wide range of penalties for a forgery crime. As such, each criminal court must determine the appropriate punishment for each specific forgery case.
For example, in one state, forgery penalties may range from probation and community service for misdemeanor forgery to imprisonment of more than 10 years and fines of over $125,000 for a felony forgery offense. In other states, the penalty for forging a check may vary according to the amount of money that was involved.
Typically, states will focus on the type of documents forged when determining the criminal punishment. For example, the State of New York classifies forgery as first-degree forgery when the forged document is bonds, securities, stocks, or currency.
Second-degree forgery in the State of New York involves the following forged documents:
- Deeds;
- Government-issued documents;
- Public records;
- Medical records; or
- Medical prescriptions.
Third-degree forgery in New York State involves any other type of forgery.
What Are Some Defenses to Forgery?
There are some potential defenses to forgery that a defendant may be able to assert in their case to have the charges against them either lessened or dropped altogether. As mentioned above, the prosecution has the burden to prove each and every element of the crime beyond a reasonable doubt.
As such, if they are unable to do so, then the criminal charges must be dropped. Additional defenses to forgery may include:
- Lack of intent: A defendant in a forgery case must have possessed the criminal intent to trick, deceive, or defraud their victim with the document that was forged;
- Lack of capacity or knowledge: The defendant must have been aware that the document possessed was forged in order to be found guilty of forgery;
- Coercion: If the defendant was forced to commit the act of forgery because they or someone they knew were coerced, then they may raise that as an affirmative defense; and
- Consent: A defendant may use the defense of consent if they forged the document with the consent or cooperation of the alleged victim.
- For example, if the victim told the defendant to utilize an electronic signature or signature stamp with permission, then they could raise that as an affirmative defense.
As can be seen, the majority of forgery defenses involve challenging the required element of intent to deceive or defraud. Once again, if the defendant properly raises an affirmative defense, and succeeds in their defense, the charges brought against them must be dismissed.
Should I Hire a Lawyer for Help with Forgery Defenses?
As can be seen, forgery is a serious crime that often involves felony implications. As such, if you have been charged with the crime of forgery, it is important to immediately consult with an experienced criminal lawyer.
An experienced criminal defense attorney will be able to help you understand the charges being brought against you, as well as your state’s particular laws regarding forgery. An attorney will also be able to assist you in timely and properly raising any legal defenses that may be available to you based on the specifics of your case. Finally, an attorney will also be able to represent you at any in person criminal proceeding.
