Is Forgery a Misdemeanor or Felony?
Forgery is a serious crime that involves the creation or alteration of a document or signature with the intention of deceiving or defrauding another person. In the United States, the severity of the punishment for forgery depends on the specific circumstances of the crime and the jurisdiction in which it is committed. In this article, we will explore the different types of forgery, the penalties for forgery, and whether forgery is typically considered a misdemeanor or felony.
What is Forgery?
Forgery is the act of creating or altering a document or signature with the intention of deceiving or defrauding another person. This can include creating fake identification documents, such as driver’s licenses or passports, as well as altering existing documents, such as checks or contracts. Forgery can also involve the creation of fake artwork, historical documents, or other valuable items.
Types of Forgery
There are several different types of forgery, including:
- Check forgery: The act of creating or altering a check with the intention of deceiving or defrauding the bank or the person to whom the check is made payable.
- Identity theft: The act of using someone else’s personal information, such as their name and social security number, to create fake identification documents.
- Art forgery: The act of creating fake artwork, such as paintings or sculptures, and passing them off as genuine.
- Historical document forgery: The act of creating fake historical documents, such as letters or manuscripts, and passing them off as genuine.
Penalties for Forgery
The penalties for forgery vary depending on the specific circumstances of the crime and the jurisdiction in which it is committed. In general, forgery is considered a serious crime and can result in significant fines and imprisonment.
- Misdemeanor forgery: In some jurisdictions, forgery is considered a misdemeanor and can result in fines of up to $1,000 and imprisonment for up to one year.
- Felony forgery: In other jurisdictions, forgery is considered a felony and can result in fines of up to $10,000 and imprisonment for up to 10 years.
Is Forgery a Misdemeanor or Felony?
In the United States, the decision to charge someone with misdemeanor or felony forgery depends on the specific circumstances of the crime and the jurisdiction in which it is committed. Here are some general guidelines:
- Misdemeanor forgery: Forgery is typically considered a misdemeanor if it involves a relatively small amount of money or if the forgery is not considered to be particularly sophisticated or elaborate.
- Felony forgery: Forgery is typically considered a felony if it involves a large amount of money, if the forgery is considered to be particularly sophisticated or elaborate, or if the defendant has a prior criminal record.
Examples of Misdemeanor Forgery
Here are some examples of forgery that might be considered misdemeanors:
- Creating a fake ID: Creating a fake identification document, such as a driver’s license or passport, with the intention of deceiving or defrauding another person.
- Altering a check: Altering a check with the intention of deceiving or defrauding the bank or the person to whom the check is made payable.
- Creating a fake contract: Creating a fake contract or agreement with the intention of deceiving or defrauding another person.
Examples of Felony Forgery
Here are some examples of forgery that might be considered felonies:
- Creating a fake identification document with the intention of committing a crime: Creating a fake identification document, such as a driver’s license or passport, with the intention of committing a crime, such as fraud or identity theft.
- Altering a check with the intention of committing a crime: Altering a check with the intention of committing a crime, such as fraud or theft.
- Creating a fake artwork with the intention of selling it as genuine: Creating a fake artwork, such as a painting or sculpture, with the intention of selling it as genuine.
Table: Comparison of Misdemeanor and Felony Forgery
| Misdemeanor Forgery | Felony Forgery | |
|---|---|---|
| Penalties | Fines of up to $1,000 and imprisonment for up to one year | Fines of up to $10,000 and imprisonment for up to 10 years |
| Intent | Relatively small amount of money or simple forgery | Large amount of money, sophisticated or elaborate forgery, or prior criminal record |
| Examples | Creating a fake ID, altering a check, creating a fake contract | Creating a fake identification document with the intention of committing a crime, altering a check with the intention of committing a crime, creating a fake artwork with the intention of selling it as genuine |
Conclusion
Forgery is a serious crime that can result in significant fines and imprisonment. The decision to charge someone with misdemeanor or felony forgery depends on the specific circumstances of the crime and the jurisdiction in which it is committed. In general, forgery is considered a misdemeanor if it involves a relatively small amount of money or if the forgery is not considered to be particularly sophisticated or elaborate. Forgery is typically considered a felony if it involves a large amount of money, if the forgery is considered to be particularly sophisticated or elaborate, or if the defendant has a prior criminal record.
