Forgery

Forgery

Forgery

Forgery involves the creation of a false document or instrument without authority such as: checks, other financial documents, financial cards and counterfeit bills.

Forgery in 1st Degree  is defined as the making, altering, or possessing of a writing other than a check either (1) in a fictitious name; (2) in such a manner that the writing purports to have been made by another person, at another time, with different provisions; or (3) in such a manner that the writing purports to have been made by the authority of one who did not give such authority.  The intent to defraud is required.  In order to be charged with this offense, the person must utter or deliver the writing to another. Uttering is defined by the Georgia courts to mean offering to pass a writing to another person, declaring or asserting, directly or indirectly, by words or actions, that it is good. This uttering element distinguishes first degree forgery from second degree forgery.  Sentence range is 1-15 years.

Forgery in the 2nd Degree: As discussed above, uttering is not required for second degree forgery. All that is required is the making, altering, or possessing of a writing, other than a check, which purports to have been made by another person, fictional or real, or at another time, or with different provisions, or by authority of one who did not give such authority – with intent to defraud of course.  Sentence range is 1-5 years

Forgery in the 3rd Degree: with the same intent to defraud, makes, alters, possesses, utters or delivers any check written in the amount of $1500 or more in a fictitious name or manner.  Also, possessing 10 or more checks written without a specified amount in a fictitious name or matter is a crime under this section.  Sentence range is 1-5 years.

Forgery in the 4th Degree: same as 3rd but with a check less than $1500 or possess less than 10 checks.

This is a misdemeanor.