For an individual to be charged with forgery in a court of law, the offense must have some characteristics that qualify it to be one. Without any or a combination of these charges then the offense is classified under a different charge. The characteristics include:
• Altering
• Possessing
• Using
• Making
Therefore, if you are to be charged with forgery, you must have altered, have, used or made a document with the intention of injuring, gaining or deceiving another person or entity. Not any piece of document that is altered will attract a charge in court. Another element to be considered is Legal.
The use of forged documents is considered a white-collar offense while in reality, this offense spreads across all classes of life. The use of falsified documents and trying to pass them as the original is the offense. Especially if the documents earn you a favor. Such documents include:
• Government Issued National Identification
• Deeds
• Checks
• Certificates
• Patents
• Wills
• Prescriptions- In some states, getting drugs and substances may need a doctor’s prescription to obtain. Falsifying prescription documents is considered a criminal offense in most states.
• Licenses among other legal documents
In the state of Florida, Miami city, forgery is classified as a third-degree felony. Felonies are classified with degrees with the first degrees being the more sinister of offenses. In this case, if you forge a document and intend to or use it fraudulently to gain favor from a person or entity you, risk being jailed for 5 years.
What are the defenses?
It is upon the prosecution to prove the nature of the forged documents and what implications the falsified documents would have led to had they been allowed to pass as true documents.
In your defense, you must prove your level of association with the documents.
1. Lack of intent:
You must have had the intentions to deceive the other individual or entity. Without intentions, you are not liable for this offense.
2. Ignorance, lack of knowledge or capacity
The prosecution must prove that you had the legal capacity and the knowledge of the fraudulent act to mislead the other party.
3. Coercion
If your hand was forced to commit this offense, you are not liable for the outcome that the forged documents bring. For example, if you are forced to sign a falsified document for another party to gain favor you are not liable of any offense since it was not your own volition.
Laws that relate to forged documents and forms are very strict. And when such cases touch on government officials or include government forms and documents, you need to have good representation. Get yourself a defense lawyer.
Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J.Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
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