Understanding the The Crime of Forgery

What is the definition of FORGERY?  The Black's Law, American College, and Random House dictionaries along with the court citations below define FORGERY as: The making, drawing, or altering a document with the intent to defraud. A signature made without the person knowing of or consenting to it. The law and the courts say: The Modern Penal Code (MPC sec. 224.1) states that a person is guilty of forgery if: a) a actor or person alters any writing of any person, b) makes, completes, executes, authenticates, issues, or transfers any writing so that it purports to be an act of another who did not authorize the act or to have been at the time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or c) utters any writing which he knows to be forged. "Forgery is a crime when it includes the representation of handwriting of another and the act of uttering as true and genuine any forged writing knowing the same to be forged with intent to prejudice, damage, and defraud any person." State v. May 93 Idaho 343, 461 P. 2d 126, 129. "Crime of forgery is committed when one makes or passes a false instrument with the intent to defraud, and the element of loss or detriment is immaterial." People v. McAffey, 182 Cal. App.2d 486, 6 Cal. Rptr. 333,337 "The false making of an instrument, which purports on the face of it to be good and valid for purposes for which it was created, with design to defraud any person or persons." State v. Goranson, 67 Wash.2d 456, 408 P.2d 7,9. How do we prove a forgery? Proving it involves reviewing the totality of the law regarding the facts in evidence. This includes the signatures, a competent analysis of the signatures and an understanding of the law as it applies to the case.  Forgery is a crime. When it involves your signature it is the theft of your identity. It is not to be accepted or tolerated and you are legally protected from it. Understand the law.

Is every forgery a Crime? Although a true forgery is a crime not every crime is actionable or subject to prosecution. When is it prosecutable? Generally when the forgery involves substantial amounts of money, or property and the crime meets the established threshold of the law. The prosecuting authorities for the venue and jurisdiction generally make that determination. When is it not actionable? Generally when there is no large pecuniary or other substantial loss prosecution is unreasonable. How about  a will, contract, or negotiable instruments? Often  forgery cases start off with a civil action and investigation and at some point the case may rise to a level of criminal standing. When at criminal standing it can be given to the criminal prosecuting authorities.

Yes, I am a victim of forgery - What can I do? How Can I prove a forgery? How do I  obtain an affordable Forensic Document Examination or Forgery Analysis?  Click here for information about forensic forgery analysis.

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