Forgery in the first degree in Georgia, according to the Georgia Code Title 16. Crimes and Offenses § 16-9-1 typically refers to someone who knowingly makes, alters, or possesses any writing in a fictitious name. It also refers to someone who makes or alters any writing in such a way that it purports to have been made by another person, at another time, or with different provisions, or the authority of one who did not give such authority, and utters or delivers such writing.
The key distinctions between forgery in the first degree and the second degree in Georgia primarily involve the intent to use and the actual usage of the forged document. In forgery 1st degree, the individual not only makes, alters, or possesses a forged document but also utters (uses or presents) this document as if it were genuine. Forgery 2nd degree, on the other hand, is charged when an individual makes, alters, or possesses a forged document, but there is no evidence of intent to utter or use that document.
Forgery in the first degree is a felony charge in Georgia. Convictions can lead to prison time, probation, fines, and other legal penalties.
Does Forgery in the First Degree Include Forging a Check?
Yes, first degree forgery does include the act of forging a check in Georgia. If a person knowingly makes, alters, or possesses a fraudulent check and uses it with the intent to defraud, that person could be charged with forgery in the first degree.
Yes, forgery in the first degree does include the act of forging a check in Georgia. If a person knowingly makes, alters, or possesses a fraudulent check and uses it with the intent to defraud, that person could be charged with forgery in the first degree.
Imagine a person named John who is struggling with his financial situation. To make ends meet, John devises a fraudulent plan. He comes across an old, canceled check from a previous employer, ABC Company, that he had kept for his records. He decides to use this check as a basis to create fraudulent checks.
John is quite adept at graphic design and uses his skills to scan the check into his computer and design similar checks bearing the name of ABC Company. He alters the check number and creates a series of checks with different amounts, all of them substantial but not outrageous, to avoid raising immediate suspicion.
John then decides to make the checks payable to a false identity he has created. For this purpose, he fakes an ID with his picture on it but with a false name matching the name on the checks. John now possesses checks in a fictitious name, made to look like the ABC Company issued them.
Feeling confident with his plan, John starts to deposit these checks into a new bank account he opened under the false identity. He plans to withdraw the money once the checks have been cleared.
John’s actions meet the criteria for first-degree forgery in Georgia. He knowingly made and altered checks, possessing them in a fictitious name. Not only did he create these fraudulent checks, but he also used (uttered) them with the intention of defrauding his bank. The fact that he intended to withdraw money – funds that would not legitimately belong to him – shows his intent to defraud.
This scenario could lead to other serious charges as well, such as identity fraud. Forgery in the first degree is a felony charge in Georgia, and if John were caught, he could face significant legal penalties, including imprisonment, fines, probation, and restitution.
Is the Crime Limited to Written Documents?
Forgery in the first degree in Georgia generally pertains to written documents. This includes checks, contracts, legal certificates, identification cards, and any other documents that can be used with the intent to defraud. However, forgery could also potentially extend to other items like artwork or collectibles if those items are falsely represented as being something they are not with the intention of defrauding another person.
Let’s examine a scenario involving a work of art to illustrate this.
Susan is a struggling artist who lives in Savannah, Georgia. Over time, she has become incredibly proficient at reproducing the artistic style of famous painters. To supplement her income, she decided to create a painting that mimics the style of a well-known and highly sought-after artist, Vincent van Gogh.
Susan creates an impressive painting that strikingly resembles the works of van Gogh. It’s so convincing that even someone familiar with the artist’s work could potentially be fooled. However, instead of selling it as a tribute or reproduction, she decides to take it a step further.
Susan forges a certification of authenticity, claiming that the painting is an unknown, previously undiscovered work of van Gogh. She creates a false provenance (documented history) for the painting, saying that it was part of a private collection in Europe, kept away from the public eye for years.
After assembling all these elements, she approaches an art dealer, presenting the painting along with the fraudulent certificate of authenticity and the made-up provenance. The dealer, fooled by the convincing nature of the documents and the quality of the painting, agrees to purchase the painting for a substantial amount of money, believing he’s acquired a genuine, rare piece from a famous artist.
In this case, Susan’s actions would meet the criteria for forgery in the first degree in Georgia. She knowingly created and altered a painting and related documents, and she used those items with the intent to defraud the art dealer. Even though the forged item is not a written document in the traditional sense, it is falsely represented as being something it is not, with the intention of deceiving and defrauding another person. This can be considered forgery under the law.
What Is Intent to Defraud?
“Intent to defraud” is a key element in forgery and other fraud-related charges. It means that the person had the specific intent to deceive or trick someone else, usually for personal and/or financial gain. The intent to defraud often involves misleading someone into believing that a forged document or item is genuine, thereby inducing them to act upon it to their detriment and the benefit of the individual presenting the forged item.
Intent can be determined through circumstantial evidence such as the person’s behavior, statements, and actions related to the forgery.
Is This Criminal Charge Similar to Falsifying Documents?
Yes, forgery in the first degree and falsifying documents share similarities because they both involve altering, creating, or using false or fraudulent written documents with the intent to deceive or defraud. However, they can be distinct charges depending on the jurisdiction and specific circumstances of the act.
Forgery in the first degree, as discussed earlier, involves making, altering, or possessing a fraudulent document and then using (uttering) that document. Falsifying documents, on the other hand, often involves changing or modifying an existing, legitimate document in a way that makes it untruthful or inaccurate, such as falsifying business records or official reports. Both charges can have serious consequences and usually require an intent to defraud.
What Is the Punishment for Forgery in the First Degree?
Forgery in the first degree is a felony in Georgia. The punishment for a conviction can include imprisonment for at least one year but not more than ten years.
Potential forgery defenses can include lack of intent to defraud, mistaken identity, or arguing that the accused did not actually make, alter, possess, or utter the forged document. Other defenses might include coercion or duress, where the accused was forced to commit the act against their will.
Should I Contact a Lawyer Regarding My Forgery Charge?
Absolutely. If you are facing a forgery charge in Georgia, get legal assistance as soon as possible. A qualified criminal defense attorney can help you understand your charges, discuss potential defenses, represent your interests in court, and potentially negotiate for reduced charges or sentencing.
Use LegalMatch to find a Georgia criminal lawyer who fits your needs. LegalMatch is a service that matches you with pre-screened lawyers in your city or county based on the specifics of your case and preferences. You can review qualifications, availability, and even ratings before deciding on the right lawyer for your situation. A good lawyer can make a huge difference in the outcome of your case, so don’t hesitate to seek legal advice if you’re facing a serious charge like forgery in the first degree.
