Forgery is a serious offense in Florida involving the creation, alteration, or use of false documents with the intent to deceive. While it might seem like a white-collar crime, the consequences can be severe, including felony charges, substantial fines, and lengthy prison sentences. Keep reading this blog from The Sombathy Law Firm to understand and be aware of the most common types of forgery in Florida.
What Is Forgery?
Under Florida law, forgery is defined as the act of falsely making, altering, counterfeiting, or forging a document intending to defraud. The law broadly applies to a variety of documents, including legal agreements, financial instruments, and personal identification materials. For a forgery charge to hold, the prosecution must prove intent to deceive or defraud.
Common Types of Forgery Crimes in Florida
Check Forgery
One of the most common forms of forgery is altering or creating fraudulent checks. Examples include:
- Signing someone else’s name on a check without authorization.
- Changing the amount on a legitimate check.
- Creating counterfeit checks to withdraw funds from a financial institution.
Check forgery is particularly serious because it often involves financial institutions. It can result in federal charges and state penalties.
Identity Forgery
Identity-related forgery includes creating or using false identification documents such as driver’s licenses, passports, or Social Security cards. This crime is often associated with:
- Identity theft.
- Immigration fraud.
- Underage individuals attempting to purchase alcohol or tobacco.
Possession or use of forged identification can result in felony charges, especially if the forged ID is used to commit other crimes.
Signature Forgery
Signature forgery involves signing another person’s name on a document without their consent. Common examples include:
- Forging a signature on a contract or legal agreement.
- Endorsing a check or financial instrument without authorization.
The penalties for signature forgery depend on the type of document involved and the extent of the financial or personal harm caused.
Document Forgery
This category encompasses a wide range of forged documents, including:
- Contracts.
- Deeds and titles.
- Court documents.
- Wills and estate planning documents.
Altering or creating false legal documents can lead to severe penalties due to the potential harm to victims and the legal system.
Credit Card Forgery
Credit card forgery occurs when someone creates, alters, or uses a fraudulent credit or debit card. This crime often goes hand-in-hand with identity theft and can involve:
- Creating counterfeit credit cards.
- Skimming card information and using it to make unauthorized purchases.
- Altering the details on an existing card.
Given the financial implications, credit card forgery is aggressively prosecuted in Florida.
Counterfeiting
Counterfeiting involves the unauthorized replication of currency, official documents, or other items of value. This includes:
- Printing fake money.
- Creating counterfeit stamps or seals.
- Producing fake corporate or government documents.
Counterfeiting is often prosecuted as a federal crime, but state charges can also apply depending on the circumstances.
Penalties for Forgery in Florida
The penalties for forgery depend on the specific crime, the value of the fraud, and whether it is a first-time or repeat offense. In general:
- Third-Degree Felony: Most forgery crimes in Florida are classified as third-degree felonies, punishable by up to five years in prison, five years of probation, and a fine of up to $5,000.
- Aggravating Factors: Crimes involving large sums of money, multiple victims, or vulnerable individuals may result in enhanced penalties.
In addition to criminal penalties, those convicted of forgery may face civil lawsuits, restitution orders, and long-term damage to their reputation.
Defending Against Forgery Charges
If you are accused of forgery, taking the charges seriously and seeking legal representation is important. Common defense strategies include:
- Lack of Intent: Demonstrating that you did not intend to defraud or deceive can weaken the prosecution’s case.
- Mistaken Identity: Proving that you were not the person responsible can be a valid defense in cases of identity forgery or counterfeit schemes.
- Insufficient Evidence: Challenging the evidence against you can result in reduced charges or a dismissal.
Protecting Your Rights
Forgery charges can have lasting effects on your life and career. Understanding the types of forgery crimes and the potential defenses available is essential for navigating the legal system. At The Sombathy Law Firm, we provide tailored legal guidance to help you address forgery allegations and protect your future.
If you’re facing forgery charges or need advice about Florida’s forgery laws, contact us today to schedule a consultation. Let us help you navigate this challenging time with confidence and clarity.
