Uttering a forged instrument Oklahoma City may seem like a victimless crime. However, forgery of any kind in Oklahoma is a serious offense.
Forgery itself is creating the counterfeit object with the intent to circulate the item as genuine.
Uttering a forged instrument Oklahoma City is a separate crime — it is actually placing the forged instrument into circulation.
If you put a forged check or other financial document into circulation knowing it is forged, and intending to misrepresent it as true, you could be convicted of a felony in Oklahoma.
FAQ: Uttering a Forged Instrument Oklahoma City
The Oklahoma legislature has changed the law regarding uttering forged instruments; the new law will go into effect July 1, 2017.
At present, the law states that you utter a forged instrument such as a check, draft, promissory note, or the like if you intentionally sell, exchange, deliver, or offer it, knowing that it is false or forged, for some consideration or payment to you, and with the intent to have it uttered or passed. Okla. Stat. tit. 21 § 1577
If you are found guilty, you will be convicted of second-degree forgery if the value of the instrument is $1,000 or more and third-degree forgery if the value of the instrument is less than $1,000. For the purposes of this statute, a series of offenses may be lumped together into one offense if they are the result of a plan or scheme to take money or property on a recurring basis.
The new law will make all these crimes third-degree forgery.
Punishments Will Also Change
Currently, the law states if you are convicted of uttering a forged instrument Oklahoma City, you could spend up to seven years in prison.
If you are found guilty of third-degree forgery in Oklahoma, you could face up to a year in jail and a fine of up to $1,000.
The law going into effect changes the penalty for a conviction of forgery in the third degree based on the value of the property involved.
If the value of the property is less than $1,000, the conviction is a misdemeanor punishable by up to a year in jail and a fine of up to $1,000.
If the value of the property is $1,000 or more, the conviction is a felony punishable by up to seven years in prison. Okla. Stat. tit. 21 § 1621
Possible Defenses
You must have the intent to defraud and know the document is a forgery in order to be convicted of a crime.
If you used a forged instrument that you reasonably believed was genuine, there is no intent to defraud and legally you should not be convicted.
Low-cost Consultation: Oklahoma City Criminal Defense Attorney
Do not take a charge of uttering a forged instrument Oklahoma lightly. Contact an experienced Oklahoma City criminal defense attorney today.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW).
If you prefer, you may send your question using the contact form at the top right side of this page.