A Utah forgery charge is normally filed as a third-degree felony punishable by up to five years in prison. Theft by deception is a charge that often accompanies a forgery charge, and can increase potential penalties.
If you are facing criminal prosecution, an experienced criminal defense lawyer can make a real difference in how your case ends. Contact us today to schedule an initial consultation and see how the right attorney can help you.
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Elements of a Forgery Charge in Utah
Forgery is broadly defined under the Utah criminal code to include making, altering, signing, issuing, transferring, or a variety of other acts involving a written document. Generally, the most significant elements of a forgery charge are that the person committing the act had the intent to defraud, the person did something with or to a document that purported to be the act of another person, and did not have the authorization of that other person.
Bad Checks in a Utah Forgery Case
The most common Utah forgery case will typically involve someone who has tried to cash a bad check. But just because the check you tried to cash turns out to be fake doesn’t automatically make you guilty of forgery. In order to convict a person of forgery in Utah, the prosecutor must prove that the person had an intent to defraud. So if you received a
check in good faith, believing that it was legitimate, you should are not guilty of forgery.
If a person writes a bad check on his or her own account, this generally will not be considered a forgery. But Utah criminal law still provides penalties for bounced checks if the person writing the check either knows that there are insufficient funds in the account to cover the check or fails to make good on the check withing a required period of time after it bounces.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Passing bogus checks is not the only way to be charged with forgery in Utah. Other conduct that we have seen lead to forgery charges includes: signing someone else’s name to a traffic citation; altering an update letter from a court-ordered treatment program, submitting as verification of court-ordered community service a letter where the number of hours worked had been altered; and making up their own modified divorce decree then cutting and pasting in a real judge’s signature.
Penalties for Criminal Forgery in Utah
The maximum potential penalty for a forgery conviction in Utah is a 0-5 year prison term and a $5,000 fine plus a 90% surcharge. Prison is not mandatory. A judge may suspend a prison term for a forgery conviction and place a defendant on probation. In felony cases in Utah, a judge may also impose up to a year in jail as a condition of probation.
The severity of a Utah forgery case is often compounded by the addition of a common companion charge – theft by deception. If a person tries to pass a bogus check, that constitutes a forgery. If the person succeeds and get money or other items of value in exchange for the check, that constitutes theft by deception.
A successful defense strategy starts with an understanding of your goals and needs.
Even if the person is not successful in passing the check, the prosecutor will often charge “attempted” theft by deception. Theft by deception may be charged as either a felony or a misdemeanor depending on the value involved.
Forgery as a “Drug Crime” in Utah
Forgery is legally considered to be a “property” crime. But many prosecutors will treat it as a drug-related crime. The reason for this is that many people charged with forgery have an underlying drug addiction that is leading to their behavior.
If you are facing Utah forgery charges and also struggling with addiction, you will benefit from hiring a defense attorney who understands the legal side of your case as well as how to address issues relating to addiction.
The right defense attorney can make the difference you need.
Finding a Utah Criminal Defense Lawyer
If you are facing forgery charges in Utah, a potential felony conviction and jail or prison time are on the line. Contact us now to see what an experienced criminal lawyer can do for your case.
