Possession and Uttering of a Forged Instrument

State laws vary with respect to how each state defines possession of a forged instrument. Generally, possession of a forged instrument involves the physical possession of document which is intended to defraud another individual. Usually, the person in possession of the forged instrument must knowingly intend to defraud another person with the forged document. Examples of a forged instrument include, but are not limited to:

• Fake identification such as passports or drivers licenses
• Fake checks
• Forged checks
• Insurance Fraud: Scams or Fake Documenation
• Fraudulent social security documents
• Fake automobile registration document

Uttering a Forged Instrument

If you assist someone to carry out a fradulent activity with a forged instrument, you are considered and can be charged for uttering a forged instrument. A common example would be being an accompliacein a forged check scam where you are the hand that cashed the check, but there was another hand behind it creating and signing the forged check.

Penalties for Possession of a Forged Instrument

Just as the state laws vary in defining possession of a forged instrument, the same is true for how the states treat the consequences for such a criminal act. Many jurisdictions treat this offense as a felony. In addition, there are various degrees of the crime. The more egregious the offense, the higher the number of the criminal degree which will be given to that offense. Therefore, if one is charged with possession of a forged instrument in the first degree, this individual will receive a more severe penalty than someone charged with the same crime in the third degree. The penalties for this crime include jail time and possibly other types of penalties, such as community service or fines.

Sentencing and Conviction for Possession of a Forged Instrument

The sentence that a defendant will receive for the crime of possession of a forged instrument depends upon the jury or the judge who is presiding over the particular case. In addition, the procedural law of the particular jurisdiction plays a role in determining the maximum sentence a jury or judge may impose upon a defendant. Once convicted of the crime, the defendant must serve his or her time accordingly.

Help from a Lawyer for Forgery Charges

If you have been charged with criminal possession of a forged instrument, it is essential to consult with an experienced criminal law attorney. Not only will an experienced criminal law attorney be able to advise you as to the strengths and weaknesses or your case, but also the attorney will be able to present your strongest defense and obtain the most favorable outcome. In addition, the criminal law attorney will be able to ensure that your legal rights are preserved during the pendency of your case and ensure that all issues are preserved for possible appeal in the event that you are found guilty of the crime.