Forgery and Possession of a Forged Instrument in Alabama

Forgery—creating or possessing documents that have been altered in some meaningful way—is a type of fraud. In Alabama, it's a crime both to make or alter written documents and to possess forged documents with the intent to defraud others.

What Is Forgery in Alabama?

A person commits the crime of forgery in Alabama by making, completing, or altering a written instrument with the intent to defraud.

Making, Completing, and Altering

Forgery can be committed by creating, adding to, or altering a written instrument. For example, signing another person's signature to a contract can be forgery, as could deleting important paragraphs from a will or creating a fake state identification card.

Written Instruments

Not all writings are included in the definition of forgery—only written instruments that can be used to the advantage or disadvantage of some person. Some examples include government and business papers, estate documents, contracts, and admission tickets.

Intent to Defraud

A key element of forgery requires the intent to defraud. The prosecutor must prove that the defendant forged the writing for the specific purpose of deceiving or injuring someone's interest. For instance, signing a love letter from a pop star to a friend as a joke won't result in criminal charges, because the intent is to amuse, not to deceive. But, signing the same pop star's name to a poster with the intent to sell the poster on ebay as an autograph is illegal, because the defendant intends to trick whoever buys the poster into believing the autograph is real. A person can be convicted even if the scheme or act wasn't successful.

(Ala. Code §§ 13A-9-1, 13A-9-2, 13A-9-3, 13A-9-4 (2024).)

What Are the Penalties for Forgery in Alabama?

Alabama punishes forgery according to the type of document involved in the crime.

Forgery in the First Degree

The harshest penalties apply to forgery offenses involving:

• stamps, securities, and other valuable instruments issued by a government or agency, or
• stocks, bonds, and commercial instruments representing interests or claims against or for a business.

First-degree forgery is a class B felony, punishable by 2 to 20 years of prison time and up to $30,000 in fines.

(Ala. Code §§ 13A-5-6, 13A-5-11, 13A-9-2 (2024).)

Forgery in the Second Degree

Second-degree forgery involves the following written instruments:

• deeds, wills, codicils, or contracts that create or affect a legal right, interest, obligation, or status
• a public record or instrument filed or required to be filed with a public office, or
• a written instrument issued or created by a public office, public employee, or government agency.

A conviction can result in class C felony penalties of more than one year and up to 10 years in prison and a $15,000 fine.

(Ala. Code §§ 13A-5-6, 13A-5-11, 13A-9-3 (2024).)

Forgery in the Third Degree

Third-degree forgery involves checks, drafts, notes, and other commercial interests that create or affect a legal right, interest, obligation, or status. These offenses are class D felonies, punishable by more than one year and up to five years in prison and a $7,500 fine.

Sale of counterfeit admission tickets also constitutes third-degree fraud, but this offense carries class A misdemeanor penalties of up to a year in jail and $6,000 in fines.

(Ala. Code §§ 8-19E-3, 13A-5-6, 13-5-7, 13A-5-11, 13-5-12, 13A-9-3.1 (2024).)

Forgery in the Fourth Degree

Fourth-degree forgery is a catch-all category and involves written instruments that first- through third-degree forgery don't cover. This offense is a class A misdemeanor, punishable by up to a year in jail and $6,000 in fines.

(Ala. Code §§ 13-5-7, 13-5-12, 13A-9-4 (2024).)

What Is Criminal Possession of Forged Instruments in Alabama?

It's not only a crime to create forged documents, it's also a crime to possess such documents. A person commits the offense of "possession of forged instruments" by having or uttering a forged document knowing that the document has been forged and with the intent to defraud.

Uttering means using, offering, or putting forth the forged document as genuine. Trying to cash a forged check would be uttering.

Knowledge and intent. This crime requires both knowledge that the instrument is a fake and intent to defraud. For instance, a person who unwittingly buys a fake admission ticket and then tries to use it wouldn't be guilty of this crime, because they didn't have the knowledge or intent to defraud (as they got duped).

Penalties. The penalties for possession of forged instruments are the same as for forgery. The offense degree—first- to fourth-degree—aligns with the same types of documents.

(Ala. Code §§ 13A-9-5, 13A-9-6, 13A-9-6.1, 13A-9-7, 13A-9-8 (2024).)

Possession of Forgery Tools or Devices in Alabama

Finally, it's a crime in Alabama to possess any device or equipment designed or adapted to make forgeries with the intent to use the equipment (or allow someone else to use it) for forgery. A conviction carries class C felony penalties of more than one year and up to 10 years in prison and a $15,000 fine.

(Ala. Code § 13A-9-9 (2024).)

Obtaining Legal Assistance

Most forgery convictions can result in time in prison and a fine. Additionally, a forgery conviction can make it hard to obtain a job or a professional license, even after you have served your time and paid your fine. The best way to avoid a criminal conviction is to work with an experienced criminal defense attorney. An attorney can investigate the case, determine if any defenses apply, and help you mount the strongest possible arguments.