Types of Forgery in Georgia Charges – Best Defenses

Georgia law recognizes four degrees of forgery, each carrying different penalties:

First Degree Forgery: Involves making, altering, or possessing any forged writing (except checks) and uttering or delivering it.

Second Degree Forgery: Similar to first degree, but without uttering or delivering the forged document.

Third Degree Forgery: Involves forged checks of $1,500 or more, or possessing 10 or more blank forged checks.

Fourth Degree Forgery involves forged checks under $1,500 or having fewer than 10 blank forged checks. Larry Kohn is a top criminal defense lawyer in Atlanta, Georgia. He has a lot of experience with forgery cases.

Mr. Kohn has more than 500 five-star reviews on AVVO. He knows Georgia’s forgery laws and can provide expert legal help.

Penalties for Forgery in Georgia

The consequences of a forgery conviction in Georgia can be severe:

First Degree Forgery: 1 to 15 years in prison
Second and Third Degree Forgery: 1 to 5 years in prison
Fourth Degree Forgery: Misdemeanor, but third or subsequent conviction results in 1 to 5 years in prison

Forgery Cases Defense Options

As an experienced criminal defense attorney, Larry Kohn understands the complexities of Georgia’s forgery laws. He thoroughly examines each case, looking for potential defenses such as:

Lack of intent to defraud
Mistaken identity
Unauthorized use of personal information

If you’re facing forgery charges in Georgia, don’t wait. Contact Larry Kohn today for a free consultation and expert legal representation. With his extensive experience and proven results, you can trust Larry Kohn to protect your rights and fight for the best possible outcome in your case.

First Degree Forgery

Some common examples of first-degree forgery in Georgia include:

Creating or altering official documents: This could involve fabricating or modifying government IDs, licenses, passports, or other legal documents with the intent to deceive.
Forging signatures: Signing someone else’s name on legal documents, contracts, or financial instruments without authorization.
Counterfeiting currency: Producing fake money and attempting to use or distribute it.
Altering checks: Modifying the payee, amount, or other information on a check and trying to cash or deposit it.
Creating fake academic credentials: Producing counterfeit diplomas, transcripts, or other educational documents.
Forging prescriptions: Altering or creating fraudulent medical prescriptions to obtain controlled substances.
Falsifying financial documents: Creating or modifying bank statements, loan applications, or other financial records for fraudulent purposes.
Producing counterfeit goods: Manufacturing fake branded products and attempting to sell them as authentic.
Altering artworks: Modifying or creating fake paintings or other art pieces and trying to pass them off as originals.
Forging legal documents: Creating or altering wills, deeds, or other legal instruments without proper authority.

In Georgia, first-degree forgery is different from second-degree forgery. First-degree forgery includes making or having a fake document. It also involves trying to use or give away the fake document as if it were real.

Some of the most common documents forged in first-degree forgery cases in Georgia include:

Government-issued identification documents: This includes driver’s licenses, passports, and other official IDs.
Legal documents: Contracts, wills, deeds, and other legal instruments are often targets for forgery.
Financial documents: Bank statements, loan applications, and other financial records are frequently forged for fraudulent purposes.
Academic credentials: Diplomas, transcripts, and other educational documents may be forged to misrepresent qualifications.
Prescriptions: Medical prescriptions are sometimes forged to illegally obtain controlled substances.
Currency: While not technically a document, counterfeit money falls under first-degree forgery in Georgia.
Credit cards: Forging or altering credit cards is considered first-degree forgery.
Badges or official seals: Creating fake badges or seals to impersonate authority figures or organizations.
Trademarks: Forging trademarks on counterfeit goods can constitute first-degree forgery.
Signatures: Forging signatures on various documents, especially those with legal or financial implications, is a common form of first-degree forgery.

It’s important to note that for these forgeries to be classified as first-degree in Georgia, they must not only be created or possessed, but also “uttered or delivered” – meaning the forged item was used or attempted to be used as if it were genuine.

Second Degree Forgery

Second Degree Forgery occurs when a person, with intent to defraud:

Knowingly makes, alters, or possesses any writing in a fictitious name, or
Makes or alters any writing in such a manner that it purports to have been made by another person, at another time, with different provisions, and by authority of one who did not give such authority.
Intent to defraud.
Knowingly making, altering, or possessing a forged document.
The document is falsified in one of the ways described above.

The key elements of second degree forgery in Georgia are:

The main difference between first and second degree forgery is that second degree forgery does not require the person to utter (use) or deliver the forged document. Simply creating or possessing the forged document with fraudulent intent is sufficient for second degree forgery.

Second degree forgery is considered a felony offense in Georgia. The punishment for conviction of second degree forgery is imprisonment for not less than one year nor more than five years.

It’s important to note that the intent to defraud is a crucial element of the crime. This intent can be established through direct or circumstantial evidence.

Third Degree Forgery

A person commits the offense of forgery in the third degree when, with intent to defraud, they:

Make, alter, possess, utter, or deliver any forged check in the amount of $1,500 or more.
Possess ten or more blank forged checks.

In Georgia, third degree forgery is about check forgery. First and second degree forgery involve other types of documents.

The amount of the forged check must be $1,500 or more to qualify as third degree forgery. Possessing ten or more blank forged checks also constitutes third degree forgery, regardless of their monetary value. Like all forgery charges in Georgia, third degree forgery requires intent to defraud. Third degree forgery is a felony. If convicted, the punishment is imprisonment for at least one year and up to five years.

It’s important to note that forgery involving checks for less than $1,500 or possession of fewer than ten blank forged checks would typically fall under fourth degree forgery, which is generally a misdemeanor offense unless it’s a third or subsequent conviction.

Fourth Degree Forgery

A person commits the offense of forgery in the fourth degree when, with intent to defraud, they knowingly:

Make, alter, possess, utter, or deliver any check written in the amount of less than $1,500 in a fictitious name or in such a manner that the check 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.
Possess fewer than ten checks written without a specified amount in a fictitious name or in a manner that 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.

Fourth degree forgery in Georgia: specifically deals with check forgery involving amounts less than $1,500. This serious criminal offense includes making, altering, possessing, uttering (trying to pass off as legitimate), or delivering forged checks. Possessing fewer than ten blank forged checks also constitutes fourth degree forygery. Like all forgery charges, it requires intent to defraud. Forgery in the 4th degree is generally classified as a misdemeanor for first and second offenses.

A third or subsequent conviction for fourth degree forgery becomes a felony, punishable by one to five years in prison.

The penalties for fourth degree forgery in Georgia are:

For first or second convictions: Misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $1,000.
For third or subsequent convictions: Felony, punishable by one to five years in prison.

It’s important to note that while fourth degree forgery is the least severe forgery charge in Georgia, it still carries significant legal consequences, especially for repeat offenders.

Common Questions About Forgery in Georgia

Q: What is the statute of limitations on forgery in Georgia?

A: The statute of limitations for forgery in Georgia is generally 4 years from the date of the offense.

Q: What constitutes first degree forgery in Georgia?

A: First degree forgery involves knowingly making, altering, or possessing a forged document (other than a check) and uttering or delivering it with intent to defraud.

Q: How does Georgia law define forgery of legal documents?

A: Forgery of legal documents, such as wills or contracts, typically falls under first or second degree forgery, depending on whether the document was uttered or delivered.

Call forgery lawyer Larry Kohn at (404) 567-5515 today and come meet with Larry at his Sandy Springs criminal defense law firm as soon as tomorrow. Larry will answer your questions, and you will learn the next steps to take to improve your chances of a favorable outcome.