In Florida, forgery is a white collar crime involving unauthorized use, altering, or false making of a document with the intent to defraud. Fraud may include conduct such as forging someone else’s seal or handwriting, signing someone else’s name, or falsifying a financial or legal document. There are styles of documents that are commonly forged, such as checks, contracts, deeds, and money orders.
Prosecutors have to show that a defendant committed one of the acts noted above as well as had the specific intent to trick someone or to gain someone of value. Fraud can apply to physical documents and can also apply to digital documents.
The criminal offense of fraud may also mean causing someone else to fraudulently sign a document. A common example of how forgery happens is when someone puts another person’s signature on a blank check.
White-collar is a legal term that is used for criminal offenses that are nonviolent theft crimes committed for financial gain. White-collar offenses are usually motivated by the criminal intent to obtain property, services, or money in an illegal fashion.
Forgery, generally, requires the criminal intent to defraud or deceive. It is important to note that forgery can be punished as a felony in all fifty states, including Florida.
Different jurisdictions may have different requirements to prove forgery. However, there are general requirements that the prosecution must typically show beyond a reasonable double for the defendant to be convicted, such as:
- Creation or Alteration of a Document: Forgery arises when someone possesses, alters, makes, or imitates a false document.
- Legal Significance: The document must have legal significance affecting legal obligations or rights.
- Intent to Defraud: The forger must commit the forgery with the specific intent to defraud or trick another person or entity.
- False Writing: The writing in the document must be false, with the forgery changing the fundamental meaning of the document.
Forging documents is a common way for individuals to engage in identity theft and fraud. Forgery may also involve creating fraudulent or fake documents or photocopying an individual’s signature and placing it on another document without having their consent or knowledge.
The forging of a commercial instrument, public record, contract, or will may also be addressed by state criminal laws. A Florida lawyer will be able to help their client understand the forgery laws in the state of Florida as well as defend their client in court.
What Documents Are Commonly Forged in Florida?
There are many examples of documents that may be commonly forged in Florida, which can include, but may not be limited to:
- Identification documents, for example drivers licenses or passports
- Checks
- Wills
- Drug prescriptions
- Historical documents
- Works of art
- Deeds
- Stock certificates
- Contracts
- Patents
- Military documents
- Certificates of authentication
The State of Florida will have its own specific list of what is considered to be a document of legal significance that can affect an individual’s status, ownership, obligations, and rights. These types of documents may include estate planning documents, real estate documents, government-issued documents, and court and litigation documents.
Penalties for Forgery in Florida
In Florida, forgery is classified as a 3rd Degree Felony. Forgery may be punishable by up to five years in prison.
If a defendant is convicted of forgery in Florida, in addition to up to five years in prison, they can also face up to $5,000 in criminal fines and up to five years probation. The penalties a defendant may face for forgery crimes can increase depending on the specific document that was forged, whether the defendant has repeat offenses, and other aspects of the offense.
If someone in Florida engages in some types of fraud, such as counterfeit bonds, stocks, securities, or currency, they can also face federal forgery charges. If a defendant is convicted under federal laws, they can face up to 20 years for forging U.S. securities, criminal fines of up to $250,000 or twice their financial gain, restitution, as well as asset forfeiture.
If someone is facing any forgery charges in Florida, they should schedule a Florida lawyer consultation as soon as possible.
Defenses to Forgery
In Florida, there may be some defenses to forgery charges that may be available for a defendant to assert in court so the charges against them may be lowered or, in some cases, even dropped. The prosecution has to prove each element of the offense of forgery beyond a reasonable doubt.
Examples of the defenses that a defendant may be able to present in court include:
- Lack of Intent: The defendant intended to trick, deceive, or defraud the victim with the forged document.
- For example, if a will was created that contained a mistake but was not intended to trick the testator.
- Coercion: The defendant was forced to commit the forgery because they or someone they knew were coerced, or made to do something by threat or force, then they may be able to use that as an affirmative defense.
- Lack of Capacity or Knowledge: The defendant must have known that the document was forged to be found guilty of forgery.
- Consent: Consent may be a defense if the defendant forged the document with the cooperation or permission of the alleged victim.
- For example, if the victim told the defendant they could use a signature stamp or electronic signature with their permission.
The majority of defenses to forgery that a defendant can present will involve challenging the required element of intent to deceive or defraud. If the defendant can successfully raise an affirmative defense, they may be able to have the charges against them dismissed or they may be found not guilty.
Do I Need an Attorney if I Am Facing Charges for Forgery in Florida?
If you have any type of issue or concern about forgery in the State of Florida or if you are facing charges of forgery, it is essential to reach out to a Florida criminal defense lawyer. It is important for you to be aware that forgery is considered a serious criminal offense that may be charged as a felony in Florida.
Additionally, in some cases, you can be charged under federal law as well as Florida state law. Your Florida defense attorney can also help you understand any of the charges that have been filed against you, the potential penalties you may face, and how your lawyer will represent you.
Any time you are required to be in court, your criminal defense attorney will be there with you. Your lawyer will raise any defenses that are available to you in court as well as negotiate with the prosecution on your behalf to have the charges against you reduced, if that is possible based on your situation.
You can start the process of finding a Florida criminal defense lawyer in your area today using the free lawyer-client matching services that LegalMatch provides. After you have completed the submission process online, prescreened and licensed defense lawyers in Florida who can help will respond in around one business day.
Each lawyer response will have information about the lawyer’s background, fee arrangements, and client reviews. You can see which lawyers offer free consultations. You can speak with as many as you like without an obligation to hire any of them, so get started today.
