Forgery Laws and Penalties in Georgia

Georgia's forgery laws prohibit making or possessing documents that purport to be something they are not. The law punishes some forgeries more severely than others, but even the least serious forgery crimes can result in significant criminal penalties.

What Is Forgery in Georgia?

A person commits forgery in Georgia by making, altering, or possessing, with the intent to defraud, a writing that purports to be made:

• by another person (real or fictitious)
• at another time
• with different provisions, or
• with the permission of a person who did not give permission.

Types of Writings

A writing can include written or printed documents, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols, printings, or recording information of value, right, privilege, or identification. In other words, the writing needs to have some value or legal significance. Other examples include contracts, driver's licenses, false signatures, UPC codes, and cashier checks.

Intent to Defraud

In order to be convicted of any kind of forgery in Georgia, the defendant must act with the intent to defraud. People have the intent to defraud when they want to deceive, trick, or injure others, or better their own position through forgery. For example, a person who makes fake admission badges to a major golf tournament intending to sell the badges as authentic to unsuspecting fans has the intent to defraud. A person who makes a fake badge as a gag joke for a friend who loves golf intends to entertain, not defraud, and has not committed a crime.

What Are the Penalties for Forgery in Georgia?

Georgia classifies forgery crimes into four degrees, with first-degree being the most serious and fourth-degree being the least serious. First- and second-degree forgery involves any writing other than checks. Third- and fourth-degree forgery pertain only to check forgery. All forgery crimes are felonies except fourth-degree.

First- and Second-Degree Forgery in Georgia

A person commits a first-degree offense by committing forgery and uttering or delivering the forged writing. This additional element of uttering or delivering means to use or put forth the forged writing as legitimate. For example, possessing or making a counterfeit badge to get through security and presenting it to a security guard would be a first-degree offense. If the person possessed, made, or altered the badge but didn't use it or try to, the crime is a second-degree offense.

First-Degree Forgery Penalties

First-degree forgery carries one to 15 years in prison and a fine of up to $100,000.

Second-Degree Forgery Penalties

Second-degree forgery is also a felony, punishable by one to five years in prison and a fine of up to $100,000.

Third- and Fourth-Degree Check Forgery in Georgia

Third- and fourth-degree forgery pertain to making, altering, possessing, uttering, or delivering forged checks with the intent to defraud. Unlike first- and second-degree offenses, the penalties for check forgery depend on the value or number of the checks involved.

Third-Degree Forgery Penalties

Third-degree penalties apply when the person:

• makes, alters, possesses, utters, or delivers any forged check written in the amount of $1,500 or more, or
• possesses 10 or more forged checks.

This felony crime carries one to five years of prison time and a fine of up to $100,000.

Fourth-Degree Forgery Penalties

Fourth-degree penalties apply to values and numbers less than those specified in the third-degree crime (less than $1,500 or fewer than 10 checks). Check forgery in the fourth degree is a misdemeanor, punishable by up to a year in jail and a $1,000 fine. However, a repeat offender convicted of a third or subsequent offense faces third-degree penalties.

Obtaining Legal Assistance

A criminal conviction in Georgia can result in time in prison, jail, fines, and a serious criminal record, which can prevent you from holding certain jobs. Many criminal convictions, especially for fraud crimes like forgery, also have to be reported to licensing boards, and may make it difficult to pass a background check or obtain a job. Your best chance of obtaining a favorable sentence in court is to talk to an experienced criminal defense attorney about the charges. An attorney can explain the law, answer your questions, tell you how your case is likely to fare, and help you successfully navigate the criminal justice system.

(O.C.G.A. §§ 16-9-1, 16-9-2, 17-10-8 (2024).)