Florida forgery law focuses on specific records and instruments and an intent to injure or defraud. Merely possessing a changed document is not automatically the offense in section 831.01.
The core charge
Florida Statutes section 831.01 covers falsely making, altering, forging, or counterfeiting listed writings, such as public records, deeds, wills, insurance policies, certain payment instruments, and receipts, with intent to injure or defraud. It is a third degree felony, which can carry up to five years of imprisonment under the general penalty law. Not every altered paper fits this statute; other document-specific offenses may apply.
Using a forged instrument
Section 831.02 separately addresses knowingly presenting as true a forged instrument covered by section 831.01 with intent to injure or defraud. Making and uttering are distinct allegations. A case can turn on authenticity, what the person did, knowledge, and intent.
Reviewing the evidence
The state has the burden to prove the charged elements. A defendant does not have to prove innocence. A claim of mistake or coercion requires careful analysis of facts and law; neither guarantees dismissal. Preserve the original document and communications and consult counsel before responding. Roy J. Kahn, P.A. handles Miami criminal defense matters. No outcome is guaranteed.
This is general information, not legal advice.
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