Forgery, under U.S. federal law, means falsifying documents or signatures with the intent to defraud. This offense is very serious, with penalties ranging from fines to lengthy prison terms. Under 18 U.S.C. § 471, the law covers forging securities, public records, and other key documents.
With over 40 years of experience practicing law, Richard A. Serafini is a federal criminal defense lawyer who can help you through the process.
Forgery occurs in various forms, such as falsifying checks, altering legal documents, or forging government IDs.
Typically, for a forgery charge to stand, three elements must be proven:
- The document or signature was altered or falsified.
- The act was intentional.
- The intent was to defraud another party.
An example of a federal forgery case could involve an individual being arrested and charged under 18 U.S.C. § 471 after being found in possession of counterfeit $100 bills. Upon investigation, it was determined that the individual used a high-quality printer and specialized paper to produce fake currency resembling authentic U.S. Federal Reserve Notes. The counterfeit bills were discovered when the individual attempted to use them to make a purchase at a local store.
Common Types of Forgery and Their Legal Consequences
Forgery can manifest in various forms, and each type has its legal consequences. The most common types include:
- Document Forgery: Altering or creating false legal documents, such as contracts, wills, or deeds.
- Check Fraud: Falsifying checks, signatures, or banking information.
- Identity Theft-Related Forgery: Creating fake IDs or using someone else’s personal information to obtain goods or services.
Different sections of federal and state law govern each of these acts. For example, 18 U.S.C. § 472 specifically deals with possessing or passing forged securities or counterfeit currency. Depending on the severity of the offense, penalties can range from heavy fines to up to 20 years in prison.
If you are charged with forgery, the consequences can be severe, including not just prison time but also a criminal record that could impact your future employment opportunities.
Federal vs. State Forgery Charges: Key Differences
Forgery can be prosecuted at both the federal and state levels, depending on the circumstances of the case. Federal forgery charges typically apply when the crime involves:
- Government-issued documents.
- Crossing state lines.
- Large sums of money, particularly in cases of securities or currency.
On the other hand, state forgery charges often involve more localized crimes, such as falsifying a personal check or signing someone else’s name on a contract. In Florida, for example, forgery is governed by Florida Statutes Section 831.01, and it carries penalties of up to five years in prison for a third-degree felony.
Understanding whether your case is likely to be prosecuted at the state or federal level is crucial for preparing the right legal defense strategy.
Defending Against Forgery Charges: Strategies That Work
Being charged with forgery is a serious matter, but several potential defense strategies can be used to challenge the prosecution’s case. These strategies include:
- Lack of Intent: The prosecution must prove that the defendant intended to defraud. If the forgery resulted from a mistake or misunderstanding, it may serve as a valid defense.
- Lack of Knowledge: In some cases, the accused may have yet to learn that a document or signature was falsified. However, bear in mind that entrapment is a rare defense. It entails admitting to the act but establishing that the defendant had no predisposition to
- Entrapment: This is a particularly difficult defense to establish. The defendant must admit to the action but establish that he or she had no predisposition to commit the crime. But for the actions of the government, the defendant would not have undertaken the actions upon which the charges rest.
An experienced attorney will review the facts of your case and determine the best strategy for your defense, whether it’s negotiating a plea deal or taking the case to trial.
Contact Richard A. Serafini for Your Best Forgery Defense
Facing forgery charges can be daunting, but having an experienced criminal defense attorney can make all the difference. Richard A. Serafini is a federal criminal defense lawyer with over 40 years of experience. He has handled corporate internal investigations and is a former senior Department of Justice attorney who prosecuted securities fraud. Mr. Serafini can help protect your interests and provide the best defense possible if you’re facing forgery charges.
If you or your company may be involved in a forgery-related crime, Mr. Serafini can conduct an internal investigation to determine the facts and defend your case in court. Our firm provides representation throughout the United States, focusing on Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Florida, Pennsylvania, and New York.
Contact us at (754) 223-4718 for a free consultation.