Uttering a forged instrument can be classified as either a felony or a misdemeanor, primarily depending on the monetary value of the instrument involved. This means that the severity of the charge is directly tied to the financial impact of the forged document.
What Does "Uttering a Forged Instrument" Mean?
"Uttering a forged instrument" refers to the act of knowingly presenting or offering a false, altered, or counterfeit document as genuine with the intent to defraud. It's not just about creating the forged item; it's about putting it into circulation or trying to use it. Common examples include:
- Presenting a fake check.
- Attempting to use a counterfeit banknote.
- Submitting a forged deed or title.
- Using a falsified prescription.
The crime of uttering is distinct from forgery itself, which is the act of creating the false document. While often related, one can utter a forged instrument without having personally created it, as long as they know it is fake.
Felony vs. Misdemeanor Classification
The distinction between a felony and a misdemeanor for uttering a forged instrument is typically determined by the financial threshold set by state laws.
Here's how it generally breaks down:
| Offense Type | Value of Forged Instrument | Typical Consequences (Vary by Jurisdiction) |
|---|---|---|
| Misdemeanor | Under $1,000 | Up to 1 year in county jail, fines, probation |
| Felony | $1,000 or more | Over 1 year in state prison, significant fines, lengthy probation, restitution |
As an example, if an individual attempts to cash a forged check with a value of $750, it would generally be considered a misdemeanor. However, if that same check was for $1,500, or if they tried to use a forged property deed for a property valued at $50,000, it would likely be prosecuted as a felony due to the higher potential financial loss.
Factors Influencing Penalties
Beyond the monetary value, other factors can influence the severity of the charges and subsequent penalties for uttering a forged instrument:
- Prior Criminal Record: Individuals with previous convictions, especially for similar offenses, may face harsher penalties.
- Sophistication of the Forgery: Highly elaborate or difficult-to-detect forgeries might be viewed more seriously.
- Number of Victims: If multiple individuals or entities were defrauded, it could lead to increased charges.
- Jurisdiction: Laws regarding forgery and uttering vary significantly from state to state. What is a felony in one state might be a misdemeanor threshold in another, or vice versa. It's crucial to understand the specific laws of the relevant jurisdiction.
Understanding the difference between a felony and a misdemeanor is critical, as a felony conviction carries much more severe consequences, including longer prison sentences, higher fines, and a lasting impact on civil rights such as voting and gun ownership.
For more information on forgery and related offenses, you can consult resources such as FindLaw's guide to criminal charges.
