Forgery is the crime of falsely and fraudulently making or altering a document such as a check. Depending on the nature and severity forgery crimes in Minnesota can be misdemeanors, gross misdemeanors or felonies.
The main acts that constitute forgery are making or altering, uttering or possessing, using, reproducing and endorsing.
Some acts constitute aggravated forgery, with increased sentences and fines. They including forging a document that, when genuine, creates legal rights, privileges or obligations; official seals; public records; court orders and decrees; accounting records etc.
Regular forgery involves using false writings; altering membership cards; altering a writing; destroying or mutilating any record. All these circumstances are felonies with a maximum of three years in prison and a $5,000.00 fine.
The most common type of forgery is check forgery or offering a forged check. Sentencing for check forgery is based upon the value of the property of services that were obtained or attempted to obtain with the forged checks or the amount of the forged checks. The following chart breaks down the different amounts and sentences:
Amount Sentence (max) > $35,000.00 20 years and/or $100.000.00 fine $2,500.00-$35,000.00 10 years and/or $20,000.00 fine $250.00-$2,500 or <250.00 but with a prior forgery, theft or robbery 5 years and/or $10,000.00 fine <$250.00 1 year and/or $1,000.00 fine
Other forgery acts involve counterfeiting currency, which more than likely will be prosecuted federally with greater penalties; recording a forged instrument; false certification by a notary public (a simple misdemeanor); lottery fraud and fraudulent acts involving driver’s licenses.
Forgery charges as it can be seen are very serious and have an impact not just criminally, but also for employment purposes. Before pleading to any forgery charge be sure to contact me for your free consultation as to your rights and options and a clear assessment of the strength of the prosecutors’ case.