Have You Been Charged with Forgery?
Forgery is a serious criminal offense under Georgia law that involves making, altering, or possessing documents with the intent to defraud someone or mislead an authority. If you are charged with forgery, it is important to understand that there are various defenses that may help mitigate or even dismiss the charges against you. In Georgia, as in other states, a conviction for forgery can have severe consequences, including prison time, fines, and a permanent criminal record.
In this blog post, we will explore the possible defenses to a forgery charge under Georgia law. Whether you were accused of forging a signature, altering a check, or falsifying business records, knowing how to defend yourself can be crucial to the outcome of your case.
At The Sherman Law Group, our experienced forgery defense attorneys are here to help you understand your legal rights and options if you're facing a forgery charge.
Understanding Forgery Under Georgia Law
Before diving into the possible defenses, it is important to first have a clear understanding of what forgery is under Georgia law.
Definition of Forgery in Georgia
Georgia’s forgery laws are outlined in O.C.G.A. § 16-9-1. Forgery, in general, involves creating, altering, or possessing a document with the intent to deceive or defraud another party. It is illegal to:
- Forge a signature (i.e., signing someone else’s name without authorization).
- Alter documents (e.g., changing the amount on a check or modifying a contract).
- Possess a forged document with the intent to use it to defraud someone.
Forgery in Georgia can be classified in degrees depending on the severity of the offense and the nature of the forged document. The penalties for forgery can range from misdemeanors to felonies, with sentences ranging from fines to long-term prison sentences.
Elements of Forgery in Georgia
To convict someone of forgery in Georgia, the prosecution must prove several elements beyond a reasonable doubt:
- Intent to Defraud: The person must have the intent to deceive or defraud another party. Simply altering a document by accident or without malicious intent does not constitute forgery.
- False Making or Altering: The person must have knowingly created, altered, or forged a document that is false in nature.
- Document Used to Defraud: The forged document must have been created or altered in a way that makes it capable of being used to deceive someone.
If any of these elements are not proven, the defendant may have a valid defense against the charge.
Defenses to Forgery Charges in Georgia
If you have been accused of forgery, there are several potential defenses you and your attorney may use to protect your rights and fight the charges. These defenses are based on both factual disputes and legal arguments that challenge the prosecution's ability to prove the case. Below are some of the most common defenses to forgery charges in Georgia:
1. Lack of Intent to Defraud
One of the key elements of a forgery charge is the intent to defraud. In Georgia, for a defendant to be convicted of forgery, the prosecution must prove that the individual acted with the intent to deceive or defraud another party. If there is no proof of fraudulent intent, it can be difficult for the prosecution to secure a conviction.
Example Defense:
- If a person mistakenly alters a document without knowing that it would cause harm or deceive someone, this could be a valid defense. For instance, if someone inadvertently changes a figure on a financial document, but they did not have the intention to use that document for fraud, the defense may argue that there was no intent to deceive.
2. Mistake or Accident
Another common defense to forgery charges is that the alleged offense was committed by mistake or accident. In some cases, the defendant might alter or create a document without realizing its fraudulent nature, and they may have done so unintentionally.
Example Defense:
- A person may accidentally forge a document while trying to complete a task for someone else, such as altering a signature or document to expedite a process without realizing the act was improper. In such situations, the defense would argue that the action was a genuine mistake and not an intentional attempt to defraud.
3. Lack of Knowledge That the Document Was Forged
A common defense to forgery charges is that the accused did not know the document in question was forged. Even if someone possesses or uses a forged document, they may not be aware that it is counterfeit. If the prosecution cannot prove that the defendant knowingly possessed or used a forged document, the charges may be dropped.
Example Defense:
- A defendant may have received a forged check or other document from another individual without realizing that it was fraudulent. If the defendant did not have knowledge of the forgery, they may not be guilty of the offense, especially if they did not have any involvement in creating or altering the document.
4. Duress or Coercion
In some cases, a defendant may claim that they were forced or coerced into committing the forgery under duress. Duress occurs when someone is threatened with immediate harm or danger unless they comply with the demands of another person. If a defendant can show that they were acting under duress or threat, it may provide a legal defense to the forgery charge.
Example Defense:
- A defendant may claim that they were threatened with harm if they did not sign a forged document. If they can prove that the forgery was done under duress (such as threats of physical harm or damage to their property), this may be used as a defense to negate criminal responsibility.
5. Lack of Evidence
In many cases, a forgery defense strategy may involve challenging the evidence presented by the prosecution. If the evidence is insufficient to prove beyond a reasonable doubt that the defendant created, altered, or possessed a forged document, the charges may be dismissed or reduced.
Example Defense:
- If the prosecution relies on circumstantial evidence or lacks physical evidence of forgery (e.g., they do not have the actual forged document), the defense can argue that the evidence is insufficient to support the forgery charge. A lack of direct evidence or the inability to definitively prove the defendant’s involvement could lead to a dismissal of the case.
6. False Allegations
In some cases, an individual may be falsely accused of forgery due to a misunderstanding, personal conflict, or even a malicious intent by the accuser. If the defendant can show that the accusations are baseless or untrue, this can serve as a defense to the charge.
Example Defense:
- A person may be accused of forging a signature in a business dispute, but the defendant can demonstrate that the signature was legitimate and that the accuser is simply trying to frame them. False accusations can often arise in contentious relationships, whether personal or professional, and can be challenged by showing that the defendant had no involvement in the alleged forgery.
7. The Document Was Not a Legal Instrument
Not all documents that are forged are treated the same under the law. A common defense is that the document in question was not a legally recognized instrument that could lead to defrauding someone. Georgia’s forgery laws apply to specific types of documents, such as contracts, promissory notes, financial instruments (checks), or government records.
Example Defense:
- If someone is charged with forging a document that is not legally recognized as a "legal instrument" (such as a non-binding letter or informal communication), they may argue that the document does not fall within the scope of forgery laws.
8. Entrapment
In rare cases, a defendant might argue entrapment as a defense to a forgery charge. Entrapment occurs when law enforcement officers or government agents induce or encourage a person to commit a crime that they otherwise would not have committed.
Example Defense:
- If law enforcement officials secretly encouraged a defendant to commit forgery as part of an undercover operation, and the defendant would not have committed the crime without that encouragement, they might claim entrapment as a defense. Entrapment is a complex defense that requires strong evidence, but it can be a viable strategy in some cases.
9. No Criminal Intent
In some cases, the defense may argue that the defendant did not act with criminal intent. Criminal intent, also known as “mens rea,” is a necessary element of any crime, including forgery. If the defendant acted with good faith or lacked the necessary intent to deceive, the charge may not meet the required legal standard.
Example Defense:
- A defendant who accidentally signed a document without understanding its implications, or who was coerced into signing it without the intent to defraud, may claim they lacked the criminal intent necessary for a forgery conviction.
Forgery Defense Lawyer Near Me
Forgery charges in Georgia can have severe consequences, including significant prison sentences, fines, and a permanent criminal record. If you are accused of forgery, it is essential to seek professional legal representation as soon as possible. A skilled criminal defense attorney will evaluate your case, help you understand your options, and build a defense strategy tailored to your specific circumstances.
By raising valid defenses, such as lack of intent, duress, or insufficient evidence, your attorney may be able to get your charges reduced or dismissed altogether. A strong legal defense can be the difference between a conviction and a favorable outcome.
If you or someone you know is facing forgery charges in Georgia, contact The Sherman Law Group today for a consultation. An experienced forgery lawyer is here to provide you with the representation you need to protect your rights and your future.