Uttering Forged Instruments in Florida
Uttering Forged Instruments is a Third Degree Felony in Florida.
Under Florida Statute 831.02, the crime of Uttering Forged Instruments is committed when a person knowingly passes, offers, or makes use of a forged document with the intent to injure or defraud another person or entity.
Uterring vs. Forging
Uttering Forged Instruments and Forgery are distinct and separate crimes.
Uttering Forged Instruments criminalizes the distribution of a forged document. Whereas Forgery criminalizes the creation of the forged document.
Penalties for Uttering Forged Instruments
The crime of Uttering Forged Instruments is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Uttering Forged Instruments is assigned a Level 1 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Uttering Forged Instruments to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
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 Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.