Understanding Forgery Charges

It’s commonly thought that when a criminal offense does not result in physical harm to another person, then a conviction will result in a light sentence. But in fact, many white collar crimes such as forgery are dealt with quite severely under the criminal justice system. If you’ve been accused of any type of forgery charge on the state or federal level, you need the guidance of a seasoned criminal defense attorney in Denver, CO. Legal representation from a felony defense attorney offers your best opportunity for a favorable outcome.

Defining Forgery

By state and federal law, forgery is a felony charge. An allegation of forgery may involve making, using, altering, or possessing a false document for the purpose of committing fraud. The document itself may be entirely fake or it may be a real document that was fraudulently altered and contains false information. Forgery can involve virtually any type of official document, from academic transcripts to checks to wills. When the forged writing is currency, the crime is known as counterfeiting. Forgery may sometimes encompass identity theft, such as when a defendant is accused of forging another person’s signature on a loan application.

Proving Forgery

Accusations of forgery should always be taken seriously. As a criminal defense attorney can explain to you, the prosecutor for your case must prove certain elements existed in order to obtain a conviction. First, the prosecutor must prove that you made, altered, used, or possessed a false instrument. Allegations of using or possessing forged documents are sometimes referred to as “uttering a forged instrument.” The second element the prosecutor must prove is that the forged document has a legal significance, which does not necessarily mean that it must be a legal or government document. It might be a medical prescription, work of art, or patent. Next, it must be proven that the document is indeed false or has been materially altered. Lastly, the prosecutor must prove that the defendant had the intent to defraud another person or an entity. When consulting a criminal defense attorney, it’s important to be fully honest with him or her about the facts of the case so that your attorney can provide effective representation.