Forgery: Fast Facts

Forgery is a crime that can be defined as: the fraudulent making or alteration of a writing. It is criminally making or altering a written instrument for the purpose of fraud or deceit. If you are being charged with forgery, you need a Philadelphia criminal defense lawyer who understands the intricacies of such charges and who will fight for you. Most commonly, forgery takes the form of signing another person’s name to a check. Forgery can also be making or using counterfeit accounts, credit cards, etc.. 

What Is Forgery?

Often, people think of forgery as signing their mom’s name to a note saying that they can leave school to go to the doctor or signing a test where they didn’t get a great grade. These situations are forgery, but the more common one that requires an attorney is when someone signs a check or document as another person. 

In law, the crime of forgery can fall under a few different categories. It can be a felony or a misdemeanor, depending on criminal history and the facts of the case. It can also be a crime of “moral turpitude” for immigrants and those seeking professional licensing. If someone is convicted of felony forgery, they can face up to three years in prison. 

Four Types of Forgery

There are four types of forgery that you can be convicted of – each one is a serious crime and a crime of moral turpitude. 

The first is when someone is prosecuted for signing someone else’s name without that person’s permission. This most commonly occurs when someone is trying to get cash quickly by using someone else’s check. Sometimes, this can be considered embezzlement or burglary. Under this category, you will also be charged with forgery for going into a store and making a purchase with someone else’s card and signing their name on the receipt.

Next, there is forgery when someone recreates the seal or handwriting of another person without their approval. This is commonly done when someone is trying to make themselves appear older by changing the date on a driver’s license or state ID.

The third type of forgery is when someone falsifies legal documents such as a deed, will, or court record. This is most commonly done in loan applications or in elder abuse situations. Typically, the goal here is to either financially gain or financially harm someone else.

Finally, sometimes forgery can occur when someone alters, creates, recreates, or publishes false documentation that is related to stocks, money, transfers, or the sale of properties, documents, or trusts. This can manifest in many ways, but is often part of criminal fraud cases and embezzlement.

Defenses of Forgery

The defense of forgery begins with the proof of whether or not the alleged victim consented to what you did. If this consent was provided, it will need to be proven, which can be difficult because police tend to investigate this and rule out that consent was provided before a case is filed. It can be difficult to prove consent was or was not provided.

Another defense concerns whether or not you committed the act knowingly. This means that you could have been mistaken in having permission to do so or if you had no intent to defraud someone. This is another tough defense to prove, especially if there is money involved.

Finally, there is a third common defense: that you did not sign the check or alter the document that you are being charged with forging. This is a straightforward, “I’m innocent” plea that can be extremely difficult to prove. Often, it can be easier to prove that it wasn’t you if there were a few people involved.

Seek Legal Representation For Forgery Charges

If you have been accused of forgery,  make sure that you seek legal protection as soon as possible. This is a very hazy part of the law and requires a skilled attorney who can do the work to move beyond this and get on with the rest of your life. 

If you are in Delaware or Chester County, or anywhere in Pennsylvania, contact Benari Law Group today at 610-566-1006 for a consultation.