Types of Forgery and Punishments in North Carolina The punishment is a fine of 4 to 10 months in prison, a fine to be set by the judge, or both.
Forgery is a criminal offense. Generally, forgery charges are charged at the state level, but they can be charged as federal crimes in certain circumstances. The details of your case determine whether the case will be tried in state or federal court and the applicable laws.
(a) It is unlawful for any person to forge or counterfeit any instrument, or possess any counterfeit instrument, with the intent to injure or defraud any person, financial institution, or governmental unit. Any person in violation of this subsection is guilty of a Class I felony.
Uttering and forgery were both common law offenses derived from English and American common law. Forgery is the creation and fabrication of a document with intent to defraud, while uttering is the passing or publication of a forged document that someone else had made with the intent to defraud.
Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The offense is a wobbler. A conviction on misdemeanor charges will result in up to one year in jail, a maximum fine of $1,000, or both. A conviction on felony charges results in 16 months, two or three years in jail, a maximum fine of $10,000, or both.
Forged documents, on the other hand, are authentic but have alterations. For instance, someone alters a photo or changes the name or birthdate printed on an ID. They can even make an entire document look like a different government agency issued it.
Defenses Against Forgery Charges Lack of fraudulent intent — If you did not have the intention to defraud, you may have a valid defense to forgery charges. Document Lacks Legal Significance — To be considered forgery, the document in question must have some sort of legal importance.