Have You Been Charged with Forgery in Georgia?

Forgery is a type of fraud that involves making or altering written documents in order to deceive a person or institution. The alteration could be as simple as signing a check with someone else's signature. People convicted of forgery face the potential of serious jail time along with large fines and a permanent criminal record.

For decades, children and teenagers have been forging their parents signature on report cards, parent notices and other documents with information they wanted to hide. Generally, this involved a punishment and learning experience for children once the parents found out. However, when adults are accused and caught for forging legal documents and other items, the stakes are much higher- the alleged offender's personal freedom, finances, and reputation can be at risk.

Forgery becomes a criminal offense when it is performed with the intention of harming or committing fraud against another person or an institution. There are four degrees of forgery under Georgia law. All of the degrees of forgery require that there is an intent to defraud. This intent can be established by direct or circumstantial evidence. Rowan v. State, 338 Ga. App. 733, (2016). Some examples include signing off on someone else's' form or application, using a fake form or identification, physically or digitally altering an official document or form, or forging a check to withdraw funds from someone else's' account without their knowledge.

If you or a loved one has been charged, you need an experienced Georgia Forgery Attorney, you need experienced representation. Our office has over 50 combined years of criminal defense experience, and we are prepared to handle your case today. Call now.

Forgery in the First Degree

A person commits the offense of forgery in the first degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing. O.C.G.A. § 16-9-1(b)

An essential element of forgery in the first degree in Georgia is an uttering or delivering or the writing. Browning v. State, 174 Ga. App. 759, (1985).

A person convicted of forgery in the first degree will be guilty of a felony punished by a prison term between one and fifteen years.

Forgery in the Second Degree

A person commits the offense of forgery in the second degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. O.C.G.A. § 16-9-1(c)

The difference between first and second-degree forgery is that uttering or delivering writing is not an essential element. The writing does not have to be presented or delivered; it is sufficient if a person possesses any writing in a fictitious name. Velasquez v. State, 276 Ga. App. 527, (2005).

A conviction for forgery in the second degree in Georgia is treated as a felony conviction. The punishment is a prison term between one and five years.

Forgery in the Third Degree

A person commits the offense of forgery in the third degree when with the intent to defraud he or she knowingly:

(1) Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or

(2) Possesses ten or more checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. O.C.G.A. § 16-9-1(d)

A person convicted of forgery in the third degree in Georgia will be guilty of a felony and will be subject to a prison term between one and five years.

Forgery in the Fourth Degree

A person commits the offense of forgery in the fourth degree when with the intent to defraud he or she knowingly:

(1) Makes, alters, possesses, utters, or delivers any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or

(2) Possesses less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. O.C.G.A. § 16-9-1(e)

Forgery in the fourth degree can be a misdemeanor or a felony depending on prior convictions. For a first or second conviction, it is a misdemeanor in Georgia. A third of subsequence conviction for forgery in the fourth degree in Georgia will be a felony punished by one to five years in prison.

Georgia Case Law

A man was convicted of five counts of first-degree forgery in the case of Overton v. State. The business owner testified that Overton claimed to be James Pollard and presented five checks made payable to that name. The checks were later returned by the bank stamped “Forged.” James Pollard testified that he had not written any of the five checks and had not authorized anyone else to do so. Therefore, the court found sufficient evidence to convict Overton of first-degree forgery as he presented the checks in an attempt to defraud. Overton v. State, 277 Ga. App. 819, (2006).

A man was convicted of second-degree forgery after he attempted to present a fraudulent check to purchase a tablet at an electronics store. The evidence showed that Smith went to a Best Buy and presented a forged check to buy an iPod and $500 of merchandise. When something appeared wrong with the transaction, he left the store, ran across the parking lot, and got into his vehicle. An officer stopped the car and found a checkbook containing 14-15 loose checks which had account numbers similar to the forged check presented at Best Buy. For second degree forgery, there must be intent to defraud but does not require presentment or delivery of the writings. The jury found there was sufficient evidence that Smith possessed the checks with the requisite intent to defraud after his actions at the Best Buy. Therefore, he was convicted of second-degree forgery. Smith v. State, 322 Ga. App. 433, (2013).

A situation where insufficient evidence was found to support a conviction for second-degree forgery can be seen in Nelson v. State. In that case, Nelson was arrested on child molestation charges. A $100 counterfeit bill was found when officers inventoried his personal effects prior to booking him. Even though Nelson had possession of the $100 bill, there was no evidence that he presented or attempted to negotiate the bill to anyone. The court was unable to prove intent to defraud as required by the statute, and he was acquitted of second-degree forgery. 302 Ga. App. 583, (2010).

A person was convicted of fourth-degree forgery when they tried to pay for a repair service to their lawnmower with a forged check. The check with riddled with indications of fraud. The name printed on the check was “Michal Allan” when the accused's name is Michael Allen. The zip code was off by one digit, and the routing number was invalid. The check was for $257. Allen never came back to the store to try and pay for the service. Therefore, the court found there was sufficient evidence for fourth-degree forgery since the check was for less than $1,500 and there were obvious deficiencies with the check. Allen v. State, 347 Ga. App. 731, (2018).

The Penalty for Forgery in Georgia

Forgery can be prosecuted as either a felony or a misdemeanor, depending on the amount of loss.  Forgery in the first, second, and third degree are all punished as a felony with a prison term between one and five years for second and third degree. The prison term is between one and fifteen years for first-degree forgery in Georgia.

Forgery in the fourth degree is treated as a misdemeanor conviction. Misdemeanor convictions in Georgia come with a maximum jail time of one year, fines up to $1,000, or both. However, upon a third or subsequent conviction of forgery in the fourth degree, it will be a felony punished by a prison term between one and five years.

However, felony convictions extend beyond prison time and fines. Having a felony on your record can make it difficult to obtain housing, employment, or credit.

Additionally, having a forgery conviction on your criminal record can hinder many aspects of day to day living such as obtaining credit and getting employment opportunities. A forgery conviction can be very damaging to your reputation.

Georgia Defenses

There are always Georgia Criminal Defenses our attorneys can use to defend your case. Some of the defenses include but are not limited to:

Consent: Evidence that the alleged victim had actually extended permission to the forger will be a legitimate defense.

Mistaken identity: Police officers make mistakes too as well as witnesses describing an alleged offender. If you were the suspect they are looking for, an alibi or other testimony would be greatly beneficial.

The writing was not forged: We will look for evidence that the document was not actually forged. If the document was accurate, that would be a valid defense.

Lack of Intent: There must be intent to defraud another person through your actions. If the defendant had in good faith believed they had the authority to make the instrument, that would constitute a valid defense. This is a tough defense to prove especially if there is financial gain as a result.

Lack of Knowledge: If you were unaware that the document you are presenting was forged, then that would also be an acceptable defense. Evidence that you did not know or should have known would be required. Knowledge can be proved through direct or circumstantial evidence. Therefore, if it was obvious that the document was forged but you didn't exactly know, that will likely not hold up in court.

Coercion: Coercion can serve as a defense if a person was forced to forge a document under the threat of harm to themselves or their loved ones.

Contact Us

Lawson and Berry and their team of Georgia Forgery Lawyers have over 50 combined years of criminal defense experience. We handle forgery offenses, as well as many other white collar crimes. Make sure you have the appropriate level of protection you need to challenge your criminal charges effectively. With the help of our strong forgery attorneys in Georgia, you might be able to avoid conviction. Our office is open 24 hours a day, 7 days a week to answer your questions. We offer a free case evaluation so that you can ask questions and discuss your forgery case at no cost to you. Call now.