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When most people hear the word “forged,” they imagine forged paintings, documents, or historical artifacts. Although these elements make for an engaging heist movie, they’re not indicative of most forgery cases in Georgia.
Our state law has very specific criteria for what constitutes an act of forgery, and those convicted of this crime often face severe penalties. To make things more complicated, there are many different types of forgery, some of which don’t necessarily require that the perpetrator create the forged document or even use the forged document to defraud another party.
For these reasons and more, our firm has created this informative guide to help our clients understand the distinct elements of forgery, their penalties, and the many strategies we can employ to defend you in court should you be charged with this serious crime.
Remember: Just because you’ve been charged with forgery doesn’t make you guilty. However, proving your innocence will require top-tier legal representation, and Joseph Williams Law is here to help. Schedule your free consultation today.
What Is The Legal Definition Of Forgery Under OCGA § 16-9-1?
The term “forgery” generally refers to the action of faking a document or object for financial gain or certain privileges. Examples of this include counterfeiting money, using a fake ID, or most commonly, altering a check. The legal definition of forgery in the State of Georgia varies depending on several factors, including the type of document or object forged and the amount of money that the perpetrator attempted to gain by forging. An act of forgery is categorized as first-degree forgery through fourth-degree forgery based on the seriousness of the incident.
1st Degree Forgery
The most serious of these charges is forgery in the first degree. According to OCGA § 16-9-1, first-degree forgery occurs in the following scenario:
“A person commits the offense of forgery in the first degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing.”
In other words, first-degree forgery involves knowingly possessing altered written materials created to defraud another person or organization and then using the material to actively defraud said parties.
2nd Degree Forgery
Second-degree forgery is the next most serious categorization of this charge. According to Georgia law, this crime occurs when:
“A person commits the offense of forgery in the second degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.”
As you can gather, second-degree forgery is essentially the same crime as first-degree forgery with one important difference–you don’t have to actively use the forged material to be charged with second-degree forgery.
For example, if a person possesses a fake ID and uses it to drink illegally, they might be charged with first-degree forgery. However, if instead they simply possessed the fake ID and never used it, they could still be charged with second-degree forgery if caught with the fake ID in their possession.
3rd Degree Forgery
Committing third-degree forgery in Georgia may involve two distinct actions, both of which involve forged checks. This crime occurs when the perpetrator knowingly:
- Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
- Possesses ten or more checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.
Regardless of which action you’ve been accused of committing, a conviction of third-degree forgery may result in the same penalties.
4th Degree Forgery
Lastly, fourth-degree forgery (the least serious of Georgia’s forgery citations) is committed when a person knowingly:
- Makes, alters, possesses, utters, or delivers any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
- Possesses less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.
Make no mistake: Fourth-degree forgery is still a serious crime. Although the penalties for conviction are much less serious than for first-degree forgery, it is a charge that will haunt your criminal record for years to come.
What Is a Forged Instrument?
To convict a person of forgery, the prosecution must prove that the defendant used or possessed a forged instrument, but this isn’t as simple as it might sound. To be considered a forged instrument, the object or document must meet three important criteria.
1. Be a False Writing
If the supposed forged instrument isn’t in writing, possessing it might be considered fraud rather than forgery. For example, creating and selling a painting that looks like Rembrandt isn’t technically forgery. However, if the person selling the painting creates a fake Certification of Authenticity to defraud the buyer, the prosecution will likely be able to convict the defendant under Georgia forgery laws.
2. Apparent Legal Significance
The instrument not only needs to be in writing, but it also needs to be altered or created in a way that the writing could be used to avoid the law. For instance, no prosecutor would charge Lady Gaga (whose real name is Stefani Joanne Angelina Germanotta) with forgery simply for using a stage name. However, if Lady Gaga were to use a fake identification card inscribed with her stage name without going through with a legal name change, she could be charged with forgery under GA law.
3. Affect Legal Rights
Lastly, the supposed forged instrument must affect the legal rights of another party. When an individual uses another person’s credit card and validates a transaction with that person’s signature or social security number, they are infringing on the credit card owner’s rights. This is not only considered forgery but likely identity fraud as well.
What Is Intent Defraud?
There is one final element of forgery that needs to be discussed before we move on to the penalties associated with the crime. To be considered a forgery, the act must involve the intent to defraud. There are various ways that a person may unintentionally commit forgery without even knowing. In these situations, a case can likely be made for the defendant’s ignorance.
For example, let’s say that a person accidentally wires the wrong person’s money via electronic transfer, and they accidentally spend the money. Once the person is alerted to the mistake, they must pay back the money wired to them. If they do so without issue, they can’t be charged with fraud because they didn’t intend to defraud the person of their money.
However, if the person is alerted to the mistake and claims that they never received the payment and creates a bank statement that omits the payment, they may be guilty of committing fraud.
What Are the Penalties for Forgery 16-9-1?
As previously discussed, there are four different classifications of forgery under Georgia law. Here are their respective penalties:
- First-degree forgery is a felony and is punishable by imprisonment for not less than one nor more than fifteen years.
- Second-degree forgery is a felony offense punishable by imprisonment for not less than one nor more than five years.
- Third-degree forgery is considered a felony and is punishable by imprisonment for one to five years.
- Fourth-degree forgery is usually considered a misdemeanor, with potential penalties of imprisonment for up to one year. However, if there are prior convictions of the same crime, the individual may be charged with a felony with the possibility of up to five years in prison.
As you can see, a forgery conviction will likely be accompanied by a minimum of one year in jail or prison. When the stakes are this high, it’s never a good idea to gamble on your future. Not only will a felony conviction rip you apart from your family and loved ones, but it will also affect your ability to apply for jobs, exercise your basic rights, secure housing, and more.
Common Legal Defenses to Forgery
While there are several scenarios in which you may be charged with forgery, there are just as many ways that our law firm can help prove your innocence in court. Here are a few of the common legal defenses for getting forgery charges overturned or dropped:
- No intent to defraud. Intent to defraud is a crucial element in proving forgery. If our firm can show that you didn’t intend to deceive or defraud anyone through the alleged forged instrument or fraudulent practices, it could weaken the prosecution’s case.
- Lack of knowledge. Another defense could be the lack of knowledge regarding the forged instrument. If we can establish that you were unaware of the fraudulent nature of the document or that you did not know of its existence, we will likely be able to argue that you cannot be held liable for forgery.
- Falsely accused. Just because the prosecution says that you forged a document doesn’t make it so. If we can point to contradictory evidence such as alibis or witness testimony, we may be able to get your charges overturned.
- Coerced confession. Coerced confessions are generally inadmissible in court, as they violate the defendant’s constitutional rights. This includes admissions that you may have made while you were intimidated or forced to undergo unlawful questioning by a law enforcement officer.
The strongest criminal defense strategy for you will depend on the unique details of your case. Finding a lawyer who will dedicate themself to your success is critical to your freedom.
Joseph Williams Law: Trusted Forgery Defense Attorneys in Georgia
While the defense strategies detailed above can be very effective in proving your innocence, they lose potency without a seasoned lawyer to present them. If you’ve been charged with forgery, time is of the essence. The sooner you contact Joseph Williams Law, the sooner we can start building an aggressive defense strategy to clear your name. Ready to fight for your future? So are we. Schedule a free consultation to get started.
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