Forgery is a criminal offense that affects banks, employers, courts, and private individuals across the United States. According to the U.S. Department of Justice (DOJ), document fraud and identity-based crimes cause billions of dollars in financial losses every year, damaging trust in legal and financial systems. Forgery involves intentional deception through false documents or signatures, not innocent mistakes or clerical errors.
- What Is Forgery?
- What Is the Legal Meaning of Forgery?
- Key Elements Required to Prove Forgery in Court
- Is Forgery a Felony in the United States?
- Federal Forgery Laws in the United States
- State Forgery Laws in the United States
- Types of Forgery Crimes in the U.S.
- Punishments for Forgery in the United States
- Forgery Example
- Defenses Against Forgery Charges
- How Forgery Differs from Fraud and Identity Theft?
- How to Avoid Forgery Accusations?
- Final Takeaway
- FAQs
What Is Forgery?
Forgery is one of the oldest financial crimes in American law. Courts treat forgery seriously because forged documents undermine contracts, banking systems, property ownership, and judicial records.
What Is the Legal Meaning of Forgery?
Forgery means creating, altering, or using a false document with intent to deceive or defraud another person or institution. U.S. criminal law focuses on intent, not handwriting skill or artistic ability.
Forgery includes three core actions:
- Making a fake document
- Altering a real document without authorization
- Using a forged document knowingly
Courts require intent to defraud, meaning the person planned to gain money, property, legal rights, or advantage.
Examples of Forgery
Forgery crimes include:
- Signing another person’s name on a check
- Altering a contract amount from $2,000 to $20,000
- Creating a fake driver’s license
- Submitting forged medical records
- Using a counterfeit diploma to secure employment
Each example involves false representation plus intent to deceive.
Key Elements Required to Prove Forgery in Court
Prosecutors must prove four specific elements to secure a forgery conviction:
- False writing or document
- Material alteration or creation
- Intent to defraud
- Knowledge that the document was false
A missing element weakens the case. Accidental errors, misunderstandings, or authorized signatures do not qualify as forgery.
Is Forgery a Felony in the United States?
Forgery qualifies as a felony or misdemeanor depending on severity, document type, and financial impact. Many forgery cases result in felony charges.
When Forgery Becomes a Felony?
Forgery is charged as a felony when it involves:
- Government-issued documents
- Large monetary value
- Identity theft elements
- Financial institutions
- Repeat offenses
Examples include forged passports, property deeds, court orders, or checks exceeding $950 in some states.
When Forgery Is a Misdemeanor?
Forgery may be charged as a misdemeanor when:
- Dollar value is low
- Document impact is limited
- Defendant has no prior record
State laws control classification, while federal law applies to national interests.
Federal Forgery Laws in the United States
Federal forgery laws apply when crimes involve interstate commerce, federal agencies, or national institutions.
Key Federal Statutes
- 18 U.S.C. § 471 – Forgery of U.S. currency
- 18 U.S.C. § 472 – Possession or use of forged money
- 18 U.S.C. § 495 – Forgery of federal documents
- 18 U.S.C. § 1028 – Identity document fraud
Federal penalties include up to 20 years in prison, depending on circumstances.
State Forgery Laws in the United States
| State | Governing Statute | Classification | Maximum Penalty |
|---|---|---|---|
| Alabama | Ala. Code § 13A-9-3 | Felony | Up to 10 years prison |
| Alaska | Alaska Stat. § 11.46.505 | Felony | Up to 5 years prison |
| Arizona | A.R.S. § 13-2002 | Felony (Class 4) | Up to 3.75 years prison |
| Arkansas | Ark. Code § 5-37-201 | Felony | Up to 10 years prison |
| California | Penal Code § 470 | Wobbler | 1 year jail or 3 years prison |
| Colorado | C.R.S. § 18-5-102 | Felony | Up to 12 years prison |
| Connecticut | C.G.S. § 53a-138 | Felony | Up to 10 years prison |
| Delaware | 11 Del. C. § 861 | Felony | Up to 8 years prison |
| Florida | Fla. Stat. § 831.01 | Felony (3rd degree) | Up to 5 years prison |
| Georgia | O.C.G.A. § 16-9-1 | Felony | 1–15 years prison |
| Hawaii | HRS § 708-852 | Felony | Up to 5 years prison |
| Idaho | Idaho Code § 18-3601 | Felony | Up to 14 years prison |
| Illinois | 720 ILCS 5/17-3 | Felony | 1–7 years prison |
| Indiana | IC 35-43-5-2 | Felony | 6 months–6 years prison |
| Iowa | Iowa Code § 715A.2 | Felony | Up to 5 years prison |
| Kansas | K.S.A. § 21-5823 | Felony | 11–34 months prison |
| Kentucky | KRS § 516.020 | Felony | 1–5 years prison |
| Louisiana | La. R.S. § 14:72 | Felony | Up to 10 years prison |
| Maine | 17-A M.R.S. § 703 | Felony | Up to 5 years prison |
| Maryland | Md. Code § 8-602 | Felony | Up to 10 years prison |
| Massachusetts | M.G.L. ch. 267 § 1 | Felony | Up to 10 years prison |
| Michigan | MCL § 750.248 | Felony | Up to 14 years prison |
| Minnesota | Minn. Stat. § 609.63 | Felony | Up to 10 years prison |
| Mississippi | Miss. Code § 97-21-59 | Felony | Up to 10 years prison |
| Missouri | RSMo § 570.090 | Felony | Up to 7 years prison |
| Montana | MCA § 45-6-325 | Felony | Up to 10 years prison |
| Nebraska | Neb. Rev. Stat. § 28-603 | Felony | Up to 20 years prison |
| Nevada | NRS § 205.090 | Felony | 1–4 years prison |
| New Hampshire | RSA § 638:1 | Felony | Up to 7 years prison |
| New Jersey | N.J.S.A. § 2C:21-1 | Felony-level crime | 3–10 years prison |
| New Mexico | NMSA § 30-16-10 | Felony | Up to 9 years prison |
| New York | Penal Law Art. 170 | Misd./Felony | Up to 15 years prison |
| North Carolina | N.C.G.S. § 14-119 | Felony | Up to 10 years prison |
| North Dakota | N.D.C.C. § 12.1-23-02 | Felony | Up to 5 years prison |
| Ohio | R.C. § 2913.31 | Felony | Up to 12 months–5 years |
| Oklahoma | 21 O.S. § 1561 | Felony | Up to 10 years prison |
| Oregon | ORS § 165.007 | Felony | Up to 5 years prison |
| Pennsylvania | 18 Pa.C.S. § 4101 | Felony | Up to 10 years prison |
| Rhode Island | R.I. Gen. Laws § 11-17-1 | Felony | Up to 10 years prison |
| South Carolina | S.C. Code § 16-13-10 | Felony | Up to 10 years prison |
| South Dakota | SDCL § 22-39-36 | Felony | Up to 10 years prison |
| Tennessee | T.C.A. § 39-14-114 | Felony | 1–12 years prison |
| Texas | Tex. Penal Code § 32.21 | Felony | 180 days–10 years |
| Utah | Utah Code § 76-6-501 | Felony | Up to 5 years prison |
| Vermont | 13 V.S.A. § 1801 | Felony | Up to 10 years prison |
| Virginia | Va. Code § 18.2-172 | Felony | Up to 10 years prison |
| Washington | RCW § 9A.60.020 | Felony | Up to 5 years prison |
| West Virginia | W. Va. Code § 61-4-5 | Felony | Up to 10 years prison |
| Wisconsin | Wis. Stat. § 943.38 | Felony | Up to 6 years prison |
| Wyoming | Wyo. Stat. § 6-3-602 | Felony | Up to 10 years prison |
Learn More: What Is Mail Fraud? Mail Theft & Punishments
Types of Forgery Crimes in the U.S.
Forgery appears in multiple forms. Each type carries different penalties.
1. Check Forgery
Check forgery includes altering amounts, forging signatures, or depositing fake checks.
- Common victims: Banks and small businesses
- Typical penalty: Felony if amount exceeds $750
2. Signature Forgery
Signature forgery involves signing another person’s name without consent.
Examples include:
- Loan documents
- Lease agreements
- Legal settlements
3. Document Forgery
Document forgery includes:
- Contracts
- Diplomas
- Medical records
False documents used for employment often result in criminal charges.
4. Identity-Related Forgery
Identity-related forgery overlaps with identity theft.
Examples include:
- Fake Social Security cards
- Altered birth certificates
Federal sentencing guidelines apply.
Punishments for Forgery in the United States
Forgery punishments vary by jurisdiction and severity.
Common Penalties
- Prison: 6 months to 20 years
- Fines: $1,000 to $250,000
- Probation: 1 to 5 years
- Restitution: Full repayment to victims
Judges consider criminal history, financial loss, and document type.
Forgery Example
In 2022, the DOJ prosecuted a multi-state forgery ring involving forged business loans totaling $8.2 million. Defendants used fake tax records and altered bank statements. Federal court sentenced ringleaders to 12 years in prison and ordered full restitution.
Defenses Against Forgery Charges
Forgery charges do not guarantee conviction. Common defenses include:
- Lack of intent to defraud
- Authorized signature or permission
- Mistaken identity
- Insufficient evidence
Defense attorneys analyze handwriting analysis, digital trails, and witness credibility.
How Forgery Differs from Fraud and Identity Theft?
Forgery focuses on documents. Fraud focuses on deception schemes. Identity theft focuses on personal information misuse.
Example comparison:
- Forgery: Signing a fake name on a deed
- Fraud: Running a fake investment scheme
- Identity theft: Using stolen SSN to open accounts
Charges may overlap, increasing penalties.
How to Avoid Forgery Accusations?
Forgery accusations damage careers and reputations. Practical prevention steps include:
- Signing only authorized documents
- Keeping written consent records
- Avoiding document alterations
- Verifying identity before transactions
Careful documentation protects against false claims.
Final Takeaway
Forgery is a serious criminal offense under U.S. law. Courts punish forgery because fake documents undermine financial stability, legal rights, and public trust. Felony forgery leads to prison sentences, heavy fines, and permanent criminal records. Understanding forgery meaning, laws, and penalties helps individuals and businesses protect themselves and stay compliant with American legal standards.
FAQs
Is forgery always a felony?
Forgery is not always a felony. Severity, document type, and value determine classification.
Can forgery charges be dropped?
Charges may be dismissed if prosecutors fail to prove intent or knowledge.
Is forging a signature a crime?
Forging a signature qualifies as a criminal offense under state and federal law.
What is the statute of limitations for forgery?
Statutes range from 3 to 7 years, depending on jurisdiction.
Does forgery require financial loss?
Financial loss strengthens cases, but intent to defraud satisfies legal standards.
