It is a Class 4 felony to forge public records in violation of Section 18.2-168. Upon conviction, the punishment can include a prison sentence between two and 10 years as well as criminal fines up to $100,000. The laws against forgery of coins or banknotes appear at Code of Virginia Section 18.2-170.
If any person forge, or keep or conceal any instrument for the purpose of forging, the seal of the Commonwealth, the seal of a court, or of any public office, or body politic or corporate in this Commonwealth, he shall be guilty of a Class 4 felony.
The first two degrees are felonies and the third degree amounts to a misdemeanor. The first degree forgery involves the actual presentation or use of any falsely made, altered or possessed document with the intent to deceive or defraud. The second degree forgery does not require use or presentation of the documents.
The prosecution will be able to prove the forgery through testimony of the victim as well as using a hand writing expert. That person will be able to compare the writing of the true owner of the check with that of the person who is being investigated. Hand writing is virtually as distinct as finger prints.
Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.
A prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penalty or amercement, shall be commenced within one year next after there was cause therefor, except that a prosecution for petit larceny may be commenced within five years, and for an attempt to produce abortion, within two years after commission of ...