Crimes Related To Forgery
In Oklahoma, as in most other states, forgery is a serious crime, as are those related to it. Forgery itself is basically counterfeiting something with the intent to circulate the item as genuine. Uttering a forged instrument is technically a separate crime. Uttering a document is to actually place the forged instrument into circulation.
This offense is defined as “Every person who, with intent to defraud, utters or publishes as true any forged, altered or counterfeited instrument or any counterfeit gold or silver coin, the forging, altering or counterfeiting of which is hereinbefore declared to be punishable, knowing such instrument or coin to be forged, altered or counterfeited, is guilty of forgery in the second degree.”
Defenses and Punishments
Based on the definition, there are elements that, if the prosecutor cannot prove them, would likely lead to a dismissal. First, you must have actually placed the document in circulation. This can depend on a number of factors, but if it is not in the evidence, the charge likely fails. Next, you have to have the intent to defraud and know the document is a forgery. If you simply use a forged instrument you reasonably believed was genuine, this is not a crime.
As a felony, uttering a forged instrument can carry serious punishment. In the case of second degree forgeries, you could receive a prison term of up to seven years.
Call A Tulsa Criminal Defense Attorney
Uttering a forged instrument is a serious crime, and you should speak to a Tulsa criminal defense attorney to discuss your case. Call the Seventh Street Tulsa Law Firm for a confidential and low-cost consultation by calling (918) 932-2777.