Uttering Forged Instruments in Florida

If accused of Uttering Forged Instruments in Florida, you need to know the:

Definition of Uttering Forged Instruments

The crime of Uttering Forged Instruments is committed if a person:

  1. Passed, offered, or made use of a forged document;
  2. With knowledge of its forged nature; and
  3. Intended to injure or defraud a person or entity.

Penalties for Uttering Forged Instruments

The crime of Uttering Forged Instruments is classified as a Third Degree Felony and is assigned a Level 1 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Uttering Forged Instruments, a judge can impose any combination of the following penalties:

  • Up to five (5) years in prison.
  • Up to five (5) years of probation.
  • Up to $5,000 in fines.

Defenses to Uttering Forged Instruments

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Uttering Forged Instruments are:

Intent to Defraud

Forgery requires proof that a forged document was intended to be viewed as genuine. As such, uttering a Million Dollar bill would not constitute uttering a forgery.

Patently Ridiculous Writings

Forgeries of patently ridiculous documents, such as deeds to land on the moon, licenses to kill, or checks for a “Zillion” dollars do not qualify as having the ability to fool people and should not constitute forgeries under the uttering statute. [1]

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Uttering Forged Instruments in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. State v. Escobedo, 404 So. 2d 760, 764 (Fla. 3d DCA 1981)