Forgery charges are allegations of fraud leveled at a person who may have created, signed, or altered a document with the intent to deceive others of their monetary, legal, or property rights. A common example of forgery is when one person signs another person’s signature without authorization. In addition, such charges can arise if someone attempts to use another person’s credit card, submits unemployment claims while employed, or tries to cash a bad check. Counterfeiting is also a kind of forgery.
Even if a person has not actually defrauded anyone else, he or she might still face forgery charges if it can be proven that criminal intent was present. If one person helps another commit forgery, perhaps by passing falsified documents, that person may also be indicted for aiding and abetting in a criminal act. In the U.S. state of New York, these charges can arise if a person possesses any tool, or equipment, that is used specifically to counterfeit objects, like government seals or illegal documents.
In the United States, forgery charges can either be prosecuted federally or at the state level. If a person is accused of acts of forgery in various different states, then the case will most likely be prosecuted as a federal charge. A state charge is usually prosecuted in a state court, but could be prosecuted federally. Regardless of location, if the crime is severe, it is likely to result in federal prosecution.
Punishments arising from successfully prosecuted charges vary with the gravity of the offense and other considerations, such as criminal history. Some consequences may include probation, jail time, fines, community service, and restitution. Restitution means giving the victim back what he or she was defrauded of. Jail time can vary from time served while awaiting a trial to up to 15 years in prison. Penalties often differ widely from place to place, but most successfully prosecuted cases typically result in a misdemeanor or felony criminal record.
Defense of a person charged with forgery can center on proving that there was no criminal intent. The defense can also seek to prove that a document alleged to be fraudulent does not deprive another person of anything of value. A defense lawyer’s strategy to combat forgery charges depends on the particular charges, where the alleged crime took place, and whether the case is prosecuted at the state or federal level.