Is uttering a felony?

Is Uttering a Felony?

Uttering is a serious crime that can have significant legal consequences. But is it a felony? To answer this question, let’s first define what uttering is and then dive into the legal implications.

What is Uttering?

Uttering refers to the act of orally uttering or speaking something that is false or pretended, with the intention to deceive or defraud others. This can include a wide range of behaviors, such as:

• Using fake identification or documents to obtain goods or services
• Making false claims about the value or authenticity of an item
• Telling lies to obtain insurance benefits or compensation
• Falsely representing one’s identity or qualifications to obtain a job or contract

Is Uttering a Felony?

So, is uttering a felony? The answer depends on the jurisdiction and the specific circumstances of the offense. In general, uttering is considered a crime, but it is not always a felony.

• Misdemeanors: In many states, uttering is considered a misdemeanor, punishable by a fine and/or imprisonment. For example, in California, uttering a fake check is a misdemeanor, punishable by up to one year in county jail and/or a fine of up to $1,000. (California Penal Code §476a)
• Felonies: However, in some cases, uttering can be considered a felony. For example, in Florida, uttering a forged instrument (such as a check or bond) is a felony of the third degree, punishable by up to five years in prison and/or a fine of up to $5,000. (Florida Statutes §695.01)

Significant Factors that Determine whether Uttering is a Felony

Several factors can determine whether uttering is considered a felony or not. These include:

• The value of the item or service: In some cases, the value of the item or service obtained through uttering may be a significant factor in determining whether the offense is a felony or not. For example, if a person utters a forged check for $10,000, it may be considered a felony, but if the check is for $100, it may be considered a misdemeanor.
• The intent: The intent behind the uttering can also be significant. If the person who uttered the false statement had the intent to defraud or deceive, it may be considered a felony, but if the intent was merely to obtain a desired outcome, it may be considered a misdemeanor.
• The victim: In some cases, the type of victim may also be a factor. For example, if the person who uttered the false statement targeted an elderly or vulnerable individual, it may be considered a felony, even if the value of the item or service obtained is relatively small.

Consequences of Uttering

Regardless of whether uttering is a felony or not, it can have significant legal consequences. These may include:

• Criminal penalties: As mentioned earlier, uttering can result in criminal penalties, including imprisonment, fines, and even probation.
• Civil penalties: In addition to criminal penalties, uttering can also result in civil penalties, such as damages, restitution, and even professional disciplinary action.
• Reputation damage: Uttering can also damage an individual’s reputation, causing them to lose the trust and respect of others.
• Financial losses: In some cases, uttering can result in significant financial losses, both for the individual who uttered the false statement and for the person or business that was the victim of the fraud.

Table: Uttering Laws by State

To help illustrate the varying legal definitions and penalties for uttering, here is a table summarizing the laws by state:

Conclusion

Uttering is a serious crime that can have significant legal consequences. While it may not always be a felony, it is still a serious offense that can result in criminal penalties, civil penalties, reputation damage, and financial losses. If you are facing charges for uttering, it is essential to seek the advice of a qualified attorney who can help you navigate the legal system and protect your rights.