In the State of Florida, falsifying documents typically refers to a crime that involves doing one of the following to a document for unlawful purposes:
- Altering
- Modifying
- Changing
- Passing
- Possessing
There are many different examples of documents that are commonly falsified, which can include, but may not be limited to:
- Personal checks
- Bank records
- Business records
- Tax returns
- Sales receipts
- Academic transcripts
- State IDs
- Driver’s Licenses (these are commonly used to indicate someone is older than they really are)
Falsifying documents is usually classified as a white collar crime. In the State of Florida, falsifying documents is typically referred to as forgery when the crime involves creating or altering a document and uttering a forged instrument when using or passing a fake document.
Falsifying document offenses can also be included as part of other collateral criminal offenses. In Florida, these offenses are usually third-degree felonies.
Falsifying documents can also be part of a larger criminal scheme, such as tax evasion. To find out more information about the specific charges and penalties an individual can face in Florida related to falsifying documents, it is important to consult with a Florida lawyer.
Actions That May Constitute Document Forgery Under Florida Law
In Florida, as well as in other jurisdictions, there are some common actions that may be considered document forgery and support falsification charges, such as:
- Using an official letterhead without authorization
- Destroying information that is material to an investigation
- Misrepresenting or altering factual information, for example, the profits or losses for a business
- Concealing property or assets, for example, in divorce or bankruptcy proceedings
- Forging a signature of a check or other type of document to receive services or funds that someone is not entitled to
- Knowing, distributing, or using a fake document to enter the country or to gain employment
This, of course, is not a comprehensive list. There are numerous things that may constitute falsifying a document, as long as the intention behind the conduct is to deceive the recipient or reader. To find out more about whether someone’s conduct may be considered falsification, it is important to schedule a Florida lawyer consultation.
Legal Elements of Falsifying a Document in Florida
As noted above, in Florida, the offense of falsifying a document is classified as a white collar crime as well as a form of fraud. In order to convict a defendant in Florida of forgery, the prosecution must show:
- The defendant falsely forged, altered, made, or counterfeited a deed, public record, or other legal instrument.
- The alteration has to be material and affects the document’s legal validity or meaning.
- The defendant knew the document was altered or forged.
- The defendant committed the act with the specific intent to defraud or injure an individual, corporation, or firm.
It is important to be aware that an individual can make a mistake on a document without facing criminal charges. However, for example, if they intentionally acted to defraud the IRS, they can face criminal charges.
Intent is an important element of the offense of forgery. Forgery can involve complicated issues, such as representing reproductions of art pieces as genuine and it can also be simple conduct, such as signing someone else’s signature to commit identity theft.
Criminal Penalties and Other Consequences for Falsifying Documents in Florida
If a defendant in Florida is convicted of falsifying documents, they will be convicted of a third-degree felony. This is punishable by up to five years in prison, probation, criminal fines of up to $5,000, and restitution, or paying the victim back for their losses. There are several things courts usually consider when sentencing a defendant, including, but not limited to:
- The severity of the fraud
- The defendant’s prior convictions
- Whether the defendant is on probation or parole
- The amount of property or money that was stolen
- The person, entity, or business that was targeted
If the victim of the fraud is the federal government, a defendant may face additional federal charges and more severe penalties. This may occur if the defendant forged a treasury check or forged a military ID.
If an individual is convicted of a felony, it can be very difficult to get a clear criminal record. Having a felony on a criminal record can keep someone from getting approved for housing, getting loans, getting into certain schools, getting certain jobs, being able to vote and own firearms, and being able to have visitation and custody of their children.
There can also be other consequences related to forged documents, including invalidating contracts. Forgery is considered to be fraud in the execution, which renders a contract void and unenforceable.
The party who did not forge a document may be able to sue the forging party for damages, including breach of contract, legal fees, and, in some cases, punitive damages. An individual can face these issues in addition to criminal charges based on the same forged contract documents.
Legal Defenses To Document Forgery Charges in Florida
There may be some legal defenses available to a defendant facing forgery charges in Florida, depending on the facts of their case. One common example of a defense that may be raised is if the defendant believed they were given authority to sign a document.
In tax evasion cases, if the defendant negligently provided information to the IRS, they may be able to argue that they reasonably relied on information that was provided to them by tax experts. In cases where a defendant is charged with a crime because they were in possession of falsified documents, they will need to show they did not falsify the documents and were not aware they were falsified.
One example of this would be if the defendant was given a deed to a foreclosed property that they believed they lawfully purchased. It is doubtful that they would be charged with a crime in this type of situation, unless they were a part of a real estate scheme to defraud.
When To Contact a Florida Lawyer for Falsifying Document Charges
If you have been accused of falsifying documents in Florida, it is essential to reach out to a Florida fraud lawyer as soon as you can. As previously noted, falsification of a document is a felony offense in Florida, which is a serious charge.
Your fraud attorney will be able to explain your rights and the possible defenses you may be able to present in court against the forgery charges. Having a lawyer is essential, as they can negotiate with the prosecution on your behalf and ensure that your rights remain protected throughout the case.
If you believe you have been a victim of criminal fraud in Florida, you should report the issue to law enforcement as soon as you are aware that a fraud may have occurred. If there is enough evidence, your case will be forwarded to the local District Attorney’s office.
The person who committed fraud against you may then be prosecuted. It is very important for you to keep all documents and records related to your losses that result from the fraud, especially if you may be entitled to restitution. A Florida personal injury lawyer can assist you with handling your claim in Florida civil court.
Use the free attorney-client matching services LegalMatch provides today to get started finding the Florida fraud or personal injury lawyer you need to help you with your falsifying legal documents charges or issue. You can complete the submission process in as little as 15 minutes and be connected to prescreened and licensed Florida lawyers near you in as little as one business day, so get started now.
