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Types of Forgery and Their Consequences

August 16, 2024 Posted In Criminal Defense

Forgery can cover many different specific actions, and the consequences are just as varied. If you are facing forgery charges, consulting with an Atlanta forgery charge attorney can offer you the best chance of avoiding conviction or minimizing the consequences of your charges. A conviction for forgery or a forgery-related charge can bring life-altering consequences, and Wallack Law is passionate about protecting the rights of those accused of crimes.

What is Forgery?

Forgery in Georgia is the falsification of documents to deceive an individual or institution for personal benefit. A forgery charge can include creating or possessing forged documents or altering a valid document without the appropriate authorization. The specific charge can be escalated by the attempted use or delivery of the documents as well as knowledge of their creation. Forged documents generally will have a false signature of another person or a falsified date or permission. Some of the more common forms of forgery include documents such as:

  • Personal identification documents such as an ID, birth certificate, etc
  • Immunization records
  • Property titles
  • Checks
  • Money
  • Counterfeit consumer goods
  • Image forgery

Countless types of forgeries exist beyond those mentioned above. Many scams may be considered forgeries if they include documents or images that are meant to deceive, like an e-mail that appears to be from your bank but is actually a phishing scam. In some cases, individuals may create or alter documents to impersonate a government official, which may have a variety of accompanying charges.

Classification and Penalties

Georgia categorizes forgery charges into four groups based on the type and quantity of forgery in which the accused has allegedly engaged. Several factors may change the type of charge, and a white-collar crime attorney may be able to have the charges reduced depending on the specifics of your case. The guidelines for classifying forgery crimes can be found below.

Fourth-Degree

This charger refers to a situation in which someone fraudulently creates or alters a check that purports to have been made at a different time, by another time, with different permissions, or by the authority of someone who did not provide that permission. It may also refer to a situation in which someone is in possession of fewer than ten checks that do not have a specified amount, have a fictitious name, or are otherwise meant to deceive someone regarding the time, purpose, or authority of its creation or alteration. If convicted, this charge is a misdemeanor. However, on the third and any subsequent charges, it may be increased to a felony charge.

Third- Degree

According to Georgia law, a third-degree charge generally refers to check forgery, as indicated above. However, this is for checks with amounts at or above $1500 or for possession of ten or more checks. A conviction of a third-degree forgery charge is considered a felony and can result in a penalty of one to five years of imprisonment.

Second-Degree

Second-degree forgery pertains to someone who knowingly creates, alters, or possesses any writing other than a check in a fictitious name or that in some other way provides a fraudulent date, different provisions, or under the authority of an individual who did not provide approval. This charge is a felony and, if convicted, may face imprisonment of one to five years.

First-Degree

A first-degree forgery charge refers to someone who meets the criteria for a second-degree forgery charge and also ‘utters or delivers’ the writing by utilizing the documentation to deceive rather than creating or possessing it. If convicted, this is considered a felony charge that can result in at least one year of confinement and up to 15 years.