- For example, a document like a will may be otherwise valid according to state law, but 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.
- Legally significant means that the document affects legal rights or obligations. Signing someone else’s name on a friendly letter would not be forgery because it is probably not legally significant.
- On the other hand, signing someone else’s name on a letter of recommendation for a job may be forgery because it might affect employment and that is legally significant.
- What Documents are Commonly Forged?
- What are the Penalties for Forgery?
- Are There Any Defenses to Forgery?
- Do I Need an Attorney If I Am Facing Charges for Forgery?
What Documents are Commonly Forged?
Documents of legal significance that are commonly forged include:
- Identification documents like drivers licenses or passports
- Checks
- Wills
- Drug prescriptions
- Deeds
- Stock certificates
- Contracts
- Patents
- Military 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- Historical documents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 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 document that was forged.
- First Degree Forgery: currency (also known as counterfeiting), stamps, securities, stocks, or bonds. First degree forgery is a felony and could be punishable by anywhere from 1-2 years to 15 years in prison.
- Second Degree Forgery: deeds, wills, contracts, government issued documents, public records, tokens or certificates used in place of money for goods or services (like subway tokens), or medical prescriptions. Second degree forgery is also a felony. The punishment might be anywhere from 2-7 years in prison.
- Third Degree Forgery: any other types of documents. Third degree forgery is a misdemeanor. The punishment is a maximum of one year in prison or three years probation. The defendant may also have to pay a fine of up to $1,000 or twice what they gained from the crime.
Are There Any Defenses to Forgery?
Some potential defenses to forgery include:
- Lack of Intent: The defendant in a forgery case must have intended to defraud, deceive, or trick the victim with the forged document. Intent is a key element to proving forgery, so without it the defendant cannot be found guilty.
- Lack of Capacity 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 defense.
- Coercion: If the defendant was forced to commit the forgery because they or someone they loved was threatened, they have a defense.
- Consent: a defendant has the defense of consent if they forged the document with the consent or cooperation of the alleged victim.
Most defenses to forgery address the required element of the intent to defraud or deceive. Proving that the defendant did not have specific intent is a complete defense because it means 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 be complicated and the potential penalties for being found guilty are serious. If you have been charged with forgery you should consult with a criminal defense lawyer. An experienced attorney can review the facts of your case, help you understand the law, and counsel you on your possible defenses. They can also represent you in court.
Save Time and Money - Speak With a Lawyer Right Away
- Buy one 30-minute consultation call or subscribe for unlimited calls
- Subscription includes access to unlimited consultation calls at a reduced price
- Receive quick expert feedback or review your DIY legal documents
- Have peace of mind without a long wait or industry standard retainer
- Get the right guidance - Schedule a call with a lawyer today!
Need a Criminal Defense Lawyer in your Area?
By State
Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Ken holds a J.D. from Golden Gate University School of Law, and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law before the State Bar of California, and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts. Read More
Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Ken holds a J.D. from Golden Gate University School of Law, and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law before the State Bar of California, and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts.
Last Updated: Jun 26, 2020Related Articles
- California Forgery Laws
- Defenses to Forgery Crime
- Georgia Forgery in the First Degree Law
- Georgia Forgery in the Second Degree Lawyers
- Texas Forgery Laws
- What Is Forgery?
Discover the Trustworthy LegalMatch Advantage
- No fee to present your case
- Choose from lawyers in your area
- A 100% confidential service
How does LegalMatch work?
We've helped more than 7 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.
Related Articles
- California Forgery Laws
- Defenses to Forgery Crime
- Georgia Forgery in the First Degree Law
- Georgia Forgery in the Second Degree Lawyers
- Texas Forgery Laws
- What Is Forgery?
